- Clearer oversight by the Standards in Public Office Commission. It is considered that local authorities should still take the lead role in ensuring compliance with ethics obligations. However, the Standards in Public Office Commission could be given a specific role to check on local compliance. For example, in relation to disclosures of donations or of election expenditure, allegations of non-compliance by candidates could be investigated by SIPO. SIPO could also be given the authority to investigate on its own initiative.
- More ready access to declarations of interest could also be provided (for example, publication on-line, but perhaps with protection for the family home).
- At present the chair and manager of a local authority have a role in investigating complaints against members. This can put the chair, in particular, in a difficult position. An alternative mechanism may be required to deal with complaints, where these are considered to be of serious nature, perhaps by way of a referral to the Standards in Public Office Commission. It would be important to design a mechanism that does not result in the Commission becoming swamped in complaints which are of a trivial nature, or of dubious motivation. Greater guidance could also be provided to local authorities as to how complaints regarding ethical breaches should be processed together with suggested remedies/sanctions where breaches are found.
- The introduction of a directly elected mayor may also be of benefit. Such an office holder, directly elected by the people, should be conscious of upholding high standards in the council over which he or she presides. Such an office holder would also be conscious that criticism of unethical behaviour at council level is likely to be channelled though the office of mayor.
- Compliance with other codes and policies, including health and safety, equality and disability requirements, employment protection and entitlement rights, as well as many important “process” requirements in areas such as financial accountability, procurement, official languages etc.
Department of the Environment, Heritage and Local Goverment
Part I – Setting the Context
Part II – Leadership and Local Government
- 3. A Mayor for Dublin
- 4. County and City Government - Directly Elected Mayors
- 5. Division of Responsibility between Manager and Elected Council
Part III – Connecting with People and Communities
Part IV – Wider Connections
- 9. Regional Governance
- 10. Local and National Government – Working Together
- 11. The Local Government Commission and Boundaries
Part V – Finance and Ethics
Annexes
Ethics and Expenditure limits
Chapter 13 notes that the ethics framework for local government has been strengthened over recent years.
This local government framework is in addition to the obligations under the Standards in Public Office Act and Ethics in Public Office Act. It is suggested that there needs to be greater clarity regarding the interface between the local government ethics framework and these Acts. The Chapter also proposes that the Standards in Public Office Commission should have a role in supervising local compliance with ethics requirements.
The Programme for Government commits to the introduction of expenditure limits on electoral spending for local elections, analogous to that which applies for Dáil elections. Two forms of limit – either a fixed sum or a proportion of Dáil expenditure - have been put forward for consideration. It is suggested that any rules introduced should not be overly bureaucratic. Cross-party engagement on this issue may be useful.
Current Ethical Requirements Affecting Local Government
The Local Government Act 2001 provided for a comprehensive ethics framework for those involved in local government. This framework was a further development of earlier ethics requirements. The Act requires an annual declaration of interests by councillors and staff; disclosure of a pecuniary or beneficial interest where a matter arises at a meeting or in the course of an employee's work; and a public register of interests. Accompanying Codes of Conduct are designed to assist with compliance with ethical requirements by setting out standards and principles of conduct and integrity for councillors and staff. They offer a guide against which standards and behaviour can be judged.
The Code of Conduct for Local Authority Employees has been amended recently to provide that a Director of Service, or a higher grade, should not, within twelve months of resignation or retirement, accept an offer of employment or consultancy engagement where the nature and terms are such that the question of a conflict of interest could arise, without obtaining the approval of the Outside Appointments Board for the Local Government Sector. This Board will be established shortly.
Questions have been raised as to the level of compliance with some of these requirements in some local authorities. There is also a lack of clarity regarding the interface of the local government ethics code and the requirements of the Standards in Public Office Act 2001 and Ethics in Public Office Act 1995 which also apply to local government.
Local authority members must comply with a comprehensive regulatory regime in relation to disclosure of political donations, in accordance with the Local Elections (Disclosure of Donations and Expenditure) Act 1999, as amended. The Act provides for offences and penalties where a member fails to meet the statutory requirements.
Election expenditure limits apply in relation to elections to the Dáil; the exact limit varies depending on the size of the constituency. Expenditure limits do not, however, apply for local elections. The Programme for Government provided that this Paper should examine the specific issue of expenditure limits for local elections.
The Government Programme separately commits to establish an Electoral Commission, which would be responsible for the oversight and administration of elections, including electoral expenditure functions and the role of examining the issue of the financing of the political system. The exact remit of such a Commission has yet to be established. However, given some of the concerns referred to above, the opportunity should be taken, as part of the local government reform process, to consider if there are any measures which should be taken in advance of the establishment of any new Electoral Commission to address any shortcomings.
Submissions from the Public and Consideration by the Consultative Committee
The submissions received in relation to expenditure controls on local electoral expenditure were generally supportive of introducing some kind of limit. Suggestions varied from a pro-rata link to Dáil electoral limits depending on the type of local authority to simpler monetary limits, e.g. €5,000 per candidate.
The Standards in Public Office Commission in particular noted that expenditure limits reduced corruption and provided an even playing field for candidates. The Commission made a number of other recommendations in relation to disclosure, investigation of complaints, accountable periods and treatment of national expenditure etc.
The Consultative Committee considered the matter and there was a general acceptance that local election expenditure limits would be desirable (either by way of a fixed sum or as a proportion of Dáil electoral limits). However, fears were expressed that control systems can be both overly complex and capable of being bypassed. The danger is in introducing a layer of bureaucracy without significant net benefit.
Options for Change
Expenditure Limits
The two main options for expenditure limits are to introduce a fixed expenditure ceiling or to link limits to a proportion of Dáil expenditure. The mechanisms of how such limits are to be introduced will be considered further in advance of the White Paper. Given the need to attract new talent into local government it will be necessary to ensure that any new rules are not overly bureaucratic. As this is a matter of concern to all political parties it may be useful to engage on a cross-Party basis on this issue.
Broader Ethical Matters
It will also be necessary to consider if further changes are required to the legal regime regarding the broader issues of local government ethics which were noted above. Some suggestions for reform include:
These issues will be discussed further with the Standards in Public Office Commission.
Whistleblower Protection
The Department is also committed to introduce legislation at the earliest possible opportunity to provide protection for persons who complain about inappropriate behaviour in local government matters. Statutory protection for “whistleblowers” has been included in a range of recent legislation across government in recent years, and its application to local authorities would provide a further strengthening of the local government ethical framework.