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Dáil
‹ An tOrd Gnó - Order of Business

SIPO complaint and Defence Forces culture

Summary

Deputy Paul Murphy raised the High Court ruling on SIPO’s handling of his complaint about a leak by Deputy Varadkar. The Taoiseach said SIPO is independent and should respond to the judgment; in a separate exchange, he also backed zero tolerance in the Defence Forces and said a tribunal of inquiry should examine cultural issues.

On behalf of People Before Profit, I would like to express our condolences to the families of both Mícheál Ó Muircheartaigh and Tommie Gorman. They both had a significant impact on public life over decades in different ways.

Has the Taoiseach reflected on the High Court's decision on Friday last to the effect that the Standards in Public Office Commission, SIPO, did not provide adequate reasoning for its failure to start a preliminary investigation into my complaint against Deputy Varadkar. This complaint, which I presume the Taoiseach remembers, relates to Deputy Varadkar's leaking of the confidential GP contract to the head of the rival National Association of General Practitioners, NAGP. At the time, the Taoiseach, as the rest of the Government did, backed Deputy Varadkar. We know that the SIPO decision was the first contested one in its history. The result was three votes to two, with the Comptroller and Auditor General and the Ombudsman disagreeing with the decision to refuse a preliminary inquiry. We know from a freedom of information request that at the time the Ombudsman stated, "A court order to reconsider rejection of a complaint would be appalling, and would compromise the credibility of any subsequent decision we made." Has the Taoiseach any reflection on the capacity of SIPO to investigate those in the highest of high offices and to hold them to account under our ethics legislation?

Comment on this
Simon Harris The Taoiseach Fine Gael

I note the High Court judgment. SIPO is an independent body established by the Standards in Public Office Act 2001. How it proceeds in respect of any individual matter is a matter for the commission. It is important that the commission is independent of Government and the Oireachtas. It will need to respond to the findings of the High Court in the context of how it wishes to proceed. More broadly, there is a commitment in the 2020 programme for Government to reform and consolidate the ethics in public office legislation. The Department of Public Expenditure, NDP Delivery and Reform is preparing a draft scheme for legislative reform in consultation with relevant Ministers.

Comment on this

In light of the comments made in the Chamber and outside earlier, I have three brief questions. The first is for context and I say it with full respect. Does the Taoiseach know how many members of his party have criminal records? If he does not, does he think he should know? I agree entirely with the Taoiseach's views about the court liaison officer. I was one myself. It is archaic and needs to be changed, but the Defence Forces cannot change the law. Only politicians can change the law. The Defence Forces have been screaming for changes to their regulations. They are looking for powers of suspension and powers of dismissal for gross misconduct, but there has been radio silence from successive Governments. When will we get changes to the Defence Forces regulations? The military can only obey the orders it gets from the Government of the day. Being the constructive person that I am, my final point is that the solution here is simple. Deputy Carroll MacNeill is an able politician and a barrister. She was appointed as a Minister of State in the Department of Defence. There are 20 Ministers of State, but the only Minister of State who has had no powers delegated to her is Deputy Carroll MacNeill. She is the ideal person to delegate defence powers to. Review the Defence Forces' regulations and we will solve this problem.

Comment on this
Simon Harris The Taoiseach Fine Gael

No member of my parliamentary party has a conviction for domestic, sexual or gender-based violence. If they did, they would not be in it. The Defence Forces need to adopt the same approach. I am so proud of the men and women who serve in our Defence Forces. We need to have the zero-tolerance culture embedded in everything we do. We to set up a tribunal of inquiry to investigate the serious cultural issues there.

I take the point the Deputy makes about the regulations, and I will liaise with the Tánaiste, who is also Minister for Defence, in respect of this matter. The Minister of State, Deputy Carroll MacNeill, has an important and positive role to play on this issue, working in close concert with the Tánaiste. I am grateful to the Tánaiste for the excellent work he is doing in this space. I know the Chief of Staff is committed to working in this area too. We have to use the events of the past few days as a serious wake-up call to make sure that zero tolerance is embedded in every area, including the Defence Forces.

We expect the highest standards of the men and women who wear our uniform.

Comment on this