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Statement by the Minister for Public Expenditure and Reform - Final Report of the Tribunal of Inquiry into Certain Planning Matters and Payments

Introduction

A Cheann Comhairle

I had the honour of being elected to this House in 1987. Throughout my whole time here the spectre of corruption has hung over political life. While endemic to the system it has not been endemic to all parties. The role played by Labour and other councillors during this period in opposing the prostitution of the planning process in county Dublin has not been afforded ample recognition. A price was paid for that opposition. Opposition to this planning process was often successfully portrayed as opposition to development. The ‘sting’ was considerable. Support us and our plans or oppose the economic well being of your constituents. At a time when there is rightly considerable cynicism about politics, the consistent and honourable approach of some is worthy of mention.

As the Tánaiste indicated last night while corruption may have infected all levels of political life it did not affect all parties. This is primarily a Fianna Fáil problem and I have to say that I am disappointed with Deputy Martin’s response. Finger pointing and ‘what about you’ are no response to the crisis his party is rightfully in. To be honest I expected more.

In the short time available to me I would like to concentrate on how we can address some of the issues that this report gives rise to. Issues that must be addressed if we are to restore some trust in politics. This is not the first time my party has led a response to the misdoings of others. In the aftermath of the Beef Tribunal we led the political charge on ethics legislation and controls on electoral spending. Those reforms are noted by the Tribunal. Now, in the areas of whistleblowing, freedom of information, ethics and the regulation of lobbyists we need to go further.

Tribunals of Inquiry

As the House will certainly be aware the original legislation under which Tribunals of Inquiry operate – the Tribunals of Inquiry (Evidence) Act 1921 – predates the establishment of the State. As noted by the Law Reform Commission in its 2005 report on public inquiries, the tribunal of inquiry legislation was in fact put in place at that time to investigate allegations of political corruption.

In the early years of the State the tribunals of inquiry mechanism was utilised to inquire into a broad diversity of policy issues as well as quasi-criminal matters, The process was also used in the aftermath of what might be termed disasters.

However, as the final decade of the last century unfolded, tribunals of inquiry increasingly became and now remain synonymous in the public mind and in popular culture with the purpose for which the legislation was initially passed, namely to inquire into allegations of political corruption.

It is a matter of the most profound political regret and most serious public concern that following the publication of this recent report we find ourselves marking in this House yet another milestone in a litany of tribunal reports – the Beef Tribunal, McCracken, Moriarty and now Mahon.

Tribunal’s overarching finding

Despite the voluminous information provided in the final report of the Mahon tribunal - analysed in forensic detail over 2730 pages - the second paragraph of the first page of the introductory section of the report provides us with one stark over-riding conclusion, widely-reported and almost chilling in its brevity that:-

· throughout the period examined by the Tribunal up to the late 1990s, corruption in Irish political life was both endemic and systemic.

The findings of the Mahon Tribunal – following from those tribunals which preceded it - inevitably raises some far-reaching and searching questions for the Irish political system in the first instance, but also for its administrative, regulatory, law enforcement and judicial systems, as well as for the “fourth estate” the media and indeed for Irish society more generally.

We cannot expect to find facile answers to what are in certain instances deep-seated and entrenched problems. Neither can we afford - faced with some uncomfortable and unpalatable truths - to allow ourselves lapse into passivity or a sense of perceived powerlessness.

Deepening and intensification of political reform commitments

Rather the findings of this report must provide further impetus and momentum to the delivery of key elements of the Government’s existing political reform programme which in several very important respects as I will outline echo some of the major recommendations of the Tribunal.

The report should also encourage us – as already is evidenced by the Government’s response to it - to review the case for deepening and intensifying various reform commitments contained in the Programme for Government that can help deal decisively and definitively with some of the legislative gaps and regulatory weaknesses that permitted the abuses and serious malfeasance disclosed by the tribunal of inquiry to flourish.

Finding of “Utmost Integrity”

It is equally important that that we adopt an entirely objective, balanced and clear-sighted perspective on the findings of the report. It is striking and in my view highly significant that in the opening page of the final report - directly following the over-arching conclusion which I have already referred to - the Tribunal also stresses that the vast majority of public officials perform their functions with the utmost integrity.

Reputation of and public trust in public life

There can, of course, be no doubt whatsoever that the findings of this report have done significant damage to the reputation of and public trust in the Irish political system. However, in vigorously condemning the corruption, abuse of office and significant ethical lapses disclosed in the tribunal’s report - and in taking all necessary and appropriate steps to prevent their recurrence - it is imperative that we do not fall victim to pessimism and despondency regarding ethical standards in the public service and among holders of public office which is properly characterised in the Tribunal’s Report as the mistaken assumption that - to quote the report – ‘everyone is doing it’.

Political legitimacy and integrity

Indeed, I firmly believe that the enduring threat to public confidence in the legitimacy and basic decency and integrity of our political and administrative system resides not in the findings of this report - as serious as these findings are relating to specific instances of corrupt behavior and unreliable and unbelievable testimony.

Rather it lies in what seems sometimes, almost routinely, to be accepted as a conventional wisdom denying that there is a clear and navigable way forward in fixing what has been demonstrably wrong. It can also be manifested, dispiritingly, in strident declarations that the State is morally bankrupt and its political culture rotten.

Such sentiments are to a certain extent understandable in the immediate aftermath of a tribunal report whose findings were so damning in particular respects. They are also often borne out of a deep frustration and pronounced fatigue regarding the slow pace of political reform in Ireland - particularly evident over the past decade following a period of very significant political reforms including, for example, the introduction of Freedom of Information legislation in 1997, the Electoral Act in 1997 and the Ethics Acts of 1995 and 2001.

Ultimately, however in the words of the Final Report of the Tribunal itself:-

“Those who believe that those in the public sphere are corrupt do a great disservice to these individuals. In addition, they may inadvertently contribute to corruption by [both] dissuading those of high integrity from entering public office….”

[Chapter 1, Page 1, Paragraph 1.03]

Political Reform Priorities

There should be no doubt in this House and outside of it regarding the Government’s commitment to full and careful consideration of the important and comprehensive set of recommendations contained in Chapter 18 of the Tribunal’s report.

In the time available to me today, I do not propose nor would it be feasible to draw out all of the elements of the political reform agenda including those falling into my area of responsibilities that are relevant to the Government’s response to these recommendations.

Briefly and in overall terms some of the main initiatives in the area of Government Reform which I am currently actively progressing include:-

· the introduction of whistleblowing legislation;

· the regulation of lobbyists;

· the restoration and extension of Freedom of Information; and

· the examination of how accountability requirements for the civil service can be strengthened;

Regulation of Lobbyists and Whistleblower Protection

It is worth noting that in its final recommendations the Tribunal itself explicitly calls for the establishment of a statutory register of lobbyists incorporating minimum disclosure requirements as well as the introduction of a cross-sectoral whistleblower protection act.

The Government’s recognition of the vital role that can be played by effective whistleblower legislation in discouraging and disclosing serious wrongdoing is fully in accordance with that of the Tribunal.

The present position is that at the end of last month I published, the General Scheme of a Protected Disclosures in the Public Interest Bill and work has commenced in the Office of the Parliamentary Counsel on the drafting of a Bill. Consistent with my goal of enhancing parliamentary scrutiny and strengthening parliamentary input into the formulation of legislative proposals, I will be meeting with the Joint Committee on Finance, Public Expenditure and Reform on the 18th of April next to discuss the General Scheme of the Bill.

In specific terms in relation to lobbying, in light of the firm commitment in the Programme for Government and following the completion of a “call for evidence” at the end of last month my Department is currently drafting a policy paper on the introduction of a register of lobbyists.

This paper will form the basis for further consultation on the operational design of the proposed regulatory system which I intend will lead to Government approval for the drafting of a Bill for publication later this year.

Ethics Legislation

Beyond, the registration of lobbyists and the introduction of whistleblower legislation, a large number of recommendations in the final report relate to conflicts of interest - characterised by the Tribunal as the “root cause of corruption”. Collectively these recommendations point to the need for an extensive overhaul of the legislative framework for ethics.

In particular, the Tribunal’s report identifies a range of important issues relating to effective control of conflicts of interest – actual and perceived - including for example:-

· the introduction of extended disclosure requirements;

· the removal of exceptions to disclosures;

· more timely updating of disclosures;

· a prohibition on gifts or benefits (other than those of a nominal value); and

· extending the enforcement role of the Standards in Public Office Commission.

In responding fully to these recommendations of the Tribunal further examination will be necessary of how ethics legislation might be simplified and also of the case for adopting a more integrated approach with other related legislation. This may be required in order to ensure that a comprehensive and coherent legal framework is in place in the future to seek to guard against the type of abuses revealed in the Tribunal’s Report.

Conclusion

This is a comprehensive programme and one my Department is totally committed to.

In conclusion, Ceann Comhairle, may I say this.

There may be some people who use this report to fuel further opposition to politics and the political process. Phrases like ‘they are all at it’ have been music to the ears of wrong doers over the years.

But we in political life would do well to reflect on why such frustration abounds amongst the public. And, ultimately I believe, it is because it is perceived that there is insufficient accounting for wrongdoing.

And it’s not simply about this report or previous reports about political issues. There has been no adequate accounting for the crisis that has impoverished the state and its people. Not only have those responsible not been punished – if that is appropriate – they have not even been stood up and asked to explain themselves.

The line between the executive and those that prosecute offences is clear and understood. Nonetheless the public has a right to expect that the state ensures that wrongdoing, by whomsoever, carries consequences and penalties.