Public Sector Standards Bill 2015
Work remains ongoing on the Public Sector Standards Bill 2015, which will make significant changes to the ethics regime for public workers. The Bill aims to significantly enhance the existing framework for identifying, disclosing and managing conflicts of interest and minimising corruption risks, to achieve a shift towards a more dynamic and risk-based system of compliance and to ensure that the institutional framework for oversight, investigation and enforcement is robust and effective.
Completion Status:
Commitment filtering:
This commitment outlines a specific piece of legislation, the Public Sector Standards Bill 2015, and the key areas in the anti-corruption framework that it addresses.
The commitment does not fully commit to the enactment of the Public Sector Standards Bill 2015 but only that “work remains ongoing”. This is somewhat difficult to measure in and of itself as it lacks a timescale. However, the commitment does point to a measurable outcome, i.e., that the Bill “will make significant changes to the ethics regime for public workers”, etc. This would require the Bill to be passed as an Act. The commitment can therefore be measured by whether work on the Bill has resulted in its passage into legislation.
Ireland
Evaluation:
The Public Sector Standards Bill 2015 aimed to update and consolidate existing ethics in public office legislation, elements of which are spread across the Ethics in Public Office Act 1995, the Standards in Public Office Act 2001, the Planning and Development Act 2000, and Part XV of Local Government Act 2001. The Bill proposed, inter alia, amendments to declarations of interest and rules regarding gifts, and provided for sanctions and investigatory mechanisms lacking under existing regulations.[1] The Public Sector Standards Bill was initiated in December 2015 and a debate on the general principles was held in January 2016. Having passed these first two of ten stages leading to enactment, the Bill moved on as required to the “Committee Stage”, which commenced in April 2017.[2] At this point, a parliamentary committee (in this case the Joint Committee on Finance, Public Expenditure and Reform, and the Taoiseach) examines a bill and proposes any amendments. Although sections 1 to 42 of the Bill were agreed, a further 24 remained outstanding.[3] Re-commencement of the committee stage was deferred several times in 2018 and 2019.[4] Ultimately the Bill lapsed (along with all bills) with the dissolution of the Dáil (lower house) and Seanad (upper house) in January 2020 and was never restored.[5] However, the new Government included a commitment to “reform and consolidate the Ethics in Public Office legislation” in its Programme for Government in June 2020.[6] Rather than reviving the Public Sector Standards Bill 2015, the relevant Minister proposed a new review of the existing public ethics framework, to inform fresh legislation in 2022.[7] This review is underway, with a public consultation having been launched in November 2021.[8]
| Challenges to effective commitment implementation |
| As noted above, almost two-thirds of the Bill’s provisions were agreed at Committee Stage.[9] The remaining sections covered items including discovery and preservation of documents relating to investigations, actions on foot of investigation, prosecution of offences, penalties and other sanctions. The former Minister who initiated the Bill when in office has queried in parliament whether “Deputies [members of parliament] have expressed concerns about some of the reforms that would impact on them”[10] and drawn a line between this and the Committee Stage having stalled, but this is difficult to verify or substantiate. What is clear is that the relevant ministry (Department of Public Expenditure and Reform) made efforts throughout 2017 and 2018 to address stakeholders’ concerns and encourage the Committee to move the process along.[11] In March 2018 the relevant Minister of State informed the Committee that all its requests had been met, and asked that the Committee Stage be completed as soon as possible. The Minister of State sent a reminder three months later, in June 2018. The Committee set a date for the following September, which had to be postponed due to a bereavement. The Committee then deferred the re-scheduled date in November 2018. Over a year later, in December 2019, a recommencement date had again been postponed.[12] This suggests there was a lack of political will to pursue to the reform agenda and see the legislation through.
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| Opportunities to accelerate commitment implementation |
| The inclusion of a commitment to reform ethics legislation in the new Programme for Government[13] reflects some recognition of the need to update Ireland”s public ethics framework (which dates back twenty years) and make it fit for purpose in a changed context, e.g., by reinforcing declaration requirements and introducing sanctions and offences. Elsewhere, the review of structures and strategies to prevent, investigate and penalise economic crime and corruption (the Hamilton Report)[14] notes that the Minister for Public Expenditure and Reform has confirmed that a full review of Ireland’s existing ethics legislation will inform the drafting of a new bill, and the Implementation Plan includes key steps and timelines for delivery.[15] |
| Recommendations |
| The Hamilton Report notes that “any delay in implementing […] reforms will not only pose a set-back to the progress made in the context of Ireland’s evaluations by the relevant international monitoring bodies[16] but will also have adverse implications for the State’s anti-corruption regime”.[17] TI Ireland has recommended that the Public Sector Standards Bill 2015 be restored to the legislative agenda. Either way, lessons learned through the failure of the Bill should inform engagement and communications on new legislative proposals.
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[1] A table comparing existing legislation with proposed changes is available here: KildareStreet, Written answers
Tuesday, 15 January 2019: Department of Public Expenditure and Reform – Legislative Process, https://www.kildarestreet.com/wrans/?id=2019-01-15a.646&s=%22public+sector+standards+bill%22#g647.q
[2] Houses of the Oireachtas, Select Committee on Finance, Public Expenditure and Reform, and Taoiseach debate – Thursday, 6 Apr 2017, https://www.oireachtas.ie/en/debates/debate/select_committee_on_finance_public_expenditure_and_reform_and_taoiseach/2017-04-06/2/
[3] Ibid. See also response to Parliamentary Question 286: KildareStreet, Written answers
Tuesday, 15 January 2019: Department of Public Expenditure and Reform – Legislative Process, https://www.kildarestreet.com/wrans/?id=2019-01-15a.646&s=%22public+sector+standards+bill%22#g647.q
[4] See also response to Parliamentary Question 286: KildareStreet, Written answers
Tuesday, 15 January 2019: Department of Public Expenditure and Reform – Legislative Process, https://www.kildarestreet.com/wrans/?id=2019-01-15a.646&s=%22public+sector+standards+bill%22#g647.q; KildareStreet, Written answers
Tuesday, 4 December 2019: Department of Public Expenditure and Reform – Legislative Process, https://www.kildarestreet.com/wrans/?id=2019-12-04a.166&s=%22public+sector+standards+bill%22#g168.r
[5] Houses of the Oireachtas, Public Sector Standards Bill 2015 (Bill 132 of 2015), https://www.oireachtas.ie/en/bills/bill/2015/132/
[6] Government of Ireland, Programme for Government, Our Shared Future, p. 120, https://assets.gov.ie/130911/fe93e24e-dfe0-40ff-9934-def2b44b7b52.pdf
[7] Department of Public Expenditure and Reform Ireland, Reform and Consolidation of Ireland’s Statutory Framework for Ethics in Public Life, https://www.gov.ie/en/consultation/fb784-reform-and-consolidation-of-irelands-statutory-framework-for-ethics-in-public-life/
[8] Department of Public Expenditure and Reform Ireland, Minister McGrath launches Public Consultation on Review of Ethics Legislation, https://www.gov.ie/en/press-release/aec32-minister-mcgrath-launches-public-consultation-on-review-of-ethics-legislation/
[9] A table comparing existing legislation with proposed changes is available here: KildareStreet, Written answers
Tuesday, 15 January 2019: Department of Public Expenditure and Reform – Legislative Process, https://www.kildarestreet.com/wrans/?id=2019-01-15a.646&s=%22public+sector+standards+bill%22#g647.q
[10] KildareStreet, Dáil debate contribution by Brendan Howlin, 3 July 2018: https://www.kildarestreet.com/debates/?id=2018-07-03a.92#g134
[11] For full details of the 2017-2018 timeline and interactions, see: KildareStreet, response to Parliamentary Question 286 of 15 January 2019, https://www.kildarestreet.com/wrans/?id=2019-01-15a.646&s=%22public+sector+standards+bill%22#g647.q; which outlines briefings, meetings and correspondence with TDs (members of parliament), senators, local authorities, local authority representative groups, and the Committee.
[12] KildareStreet, Response to Parliamentary Question 104 of 4 December 2019, https://www.kildarestreet.com/wrans/?id=2019-12-04a.166&s=%22public+sector+standards+bill%22#g168.r
[13] Government of Ireland, Programme for Government, Our Shared Future, p. 120, https://assets.gov.ie/130911/fe93e24e-dfe0-40ff-9934-def2b44b7b52.pdf
[14] Department of Justice Ireland, Review of structures and strategies to prevent, investigate and penalise economic crime and corruption: Report of the Review Group, pp. 14-15, http://www.justice.ie/en/JELR/Hamiliton_Review_Group_Report.pdf/Files/Hamiliton_Review_Group_Report.pdf
[15] Department of Justice Ireland, A review of structures and strategies to prevent, investigate and penalise economic crime and corruption: Implementation Plan, p. 6, https://www.justice.ie/en/JELR/HRG_Implementation%20Plan.pdf/Files/HRG_Implementation%20Plan.pdf.
[16] International monitoring bodies and mechanisms referenced in the report include the Financial Action Task Force (FATF), Group of States against Corruption (GRECO), UN Convention against Corruption (UNCAC) and Organisation for Economic Cooperation and Development (OECD).
[17] Department of Justice Ireland, Review of structures and strategies to prevent, investigate and penalise economic crime and corruption: Report of the Review Group, p. 15,