SIPO powers and ethics legislation
Deputy Shortall challenged the Tánaiste over SIPO’s inability to investigate his GP contract leak and pressed for long-promised ethics legislation. He said SIPO should be strengthened, expected legislation next year, and defended previous reforms, while the exchanges also became heated over Fine Gael, the left and accusations of double standards.
I know that today the Tánaiste will be feeling relieved that the Standards in Public Office Commission, SIPO, has announced it will not be investigating his leak of a draft GP contract to one of his friends back in April 2019. In a statement last night, he said he had been cleared of "any breach of ethics or standards". I can understand why he said that, but it would be much more accurate to state that SIPO has decided that it does not have the authority to investigate this matter. SIPO noted that the Tánaiste had said his leak of the contract was done in his capacity as Taoiseach and it stated that it has no remit to inquire into "the extent of the powers of the office of Taoiseach". It is also important to mention that was not a unanimous decision by SIPO. Two of the commissioners were of the view that they could investigate the Tánaiste and a sixth recused herself.
While the Tánaiste views this decision as good news for himself, it raises a number of very important questions. For a start, does SIPO have the power to investigate complaints about the actions of taoisigh at all or does the office of Taoiseach protect its inhabitants from scrutiny? It appears that if a Minister had opted to leak this document, there would have been a role for SIPO to at least examine it. As the Tánaiste was Taoiseach at the time, the majority view was that it could not look into it. That raises fundamental questions about the powers of SIPO and its ability or lack thereof to hold politicians to account. It is not the first time that those questions have been raised.
As the Tánaiste knows, the Social Democrats have long called on the Government to give the State's ethics watchdog some badly needed teeth. Most recently, the controversy surrounding Deputy Troy's failure to fully declare his property and business interests in the Oireachtas register of Members' interests revealed SIPO as more lapdog than watchdog. Deputy Troy resigned as Minister of State, but this was entirely discretionary. SIPO was unable to impose any sanctions on him for repeated breaches of ethics legislation because there are no penalties for failing to accurately complete the register on time. Of course, Deputy Troy is not the only Deputy or Senator to escape penalty because of the deficiencies in the legislation which effectively muzzles our watchdog. For nearly two decades SIPO has repeatedly called on successive governments to increase its power. Those pleas have always fallen on deaf ears
My questions are as follows. Is the Tánaiste satisfied that SIPO is sufficiently empowered to investigate the decisions of taoisigh when necessary? When can we look forward to amended ethics legislation being published that significantly enhances SIPO's powers of both investigation and enforcement?
Comment on this
I agree that we should review and strengthen the powers of SIPO with regard to its remit when it comes to standards and ethics. I am totally in favour of that and that work is being done at the moment led by the Minister, Deputy Michael McGrath. I anticipate that we will see legislation next year to enhance and strengthen the role of the standards commission, which is something I strongly support. I was part of the Government that banned corporate donations, taking business money out of politics. I was part of the Government that brought in the Regulation of Lobbying Act. I was part of the Government that strengthened the freedom of information legislation. I am very much in favour of strengthening legislation on standards in public office.
I wish to be very clear. In 2019, I disclosed a Government document - it was not a contract - to somebody using an informal channel. I should not have done that. I have apologised for that. However, I did so under the authority of the Taoiseach, entirely within the law and in the public interest. I committed no crime and I did not breach the ethics Acts, the standards Acts or any code of conduct. Three bodies investigated this for two years and they more or less came to the same conclusion. It is ungenerous of the Deputy not to acknowledge that. I think it is quite petty.
There is a question I would ask of the Deputy. She was very active on radio - I think it was the "This Week" programme - and I remember it very well. She said that just because I was under investigation at the time - I am not under investigation by anyone anymore, by the way - she did not think I was fit to be elected Taoiseach or to serve in Cabinet. That is fine; that is her view. She is entitled to that view. Does that view extend to Sinn Féin? If any Sinn Féin politician is under investigation by a public body when the next election comes, will the Deputy apply the same standard to them? Will she say the Social Democrats will not allow such a person to serve in Cabinet or does she have a different standard for them than she has for us?
Comment on this
I am speaking about Fine Gael and its role here.
Comment on this
Let us keep the focus there.
Comment on this
Let us keep the focus there.