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Public Sector Standards Bill

Whats the point in new laws if the current laws aren't be adhered too by the likes of Heather Humphreys who broke the Code of Conduct in favouing party over public interest.

General Scheme of a Public Sector Standards Bill 2015 - Public Consultation on Policy Proposals


Policy Paper Documents
Policy Document

International Best Practice

Tribunal Recommendations

Obligations of Officials


General Scheme Documents
Summary of the draft General Scheme of a Public Sector Standards Bill 2015

Draft General Scheme

Regulatory Impact Assessment

Regulatory Impact Assessment

Looking for parts that refer to the Standards Commission being able to initiate their own investigation without a complaint having to be made.

Draft General Scheme
LONG TITLE

Provide a Long Title-

A BILL TO PROVIDE FOR THE ESTABLISHMENT OF A COMMISSIONER, TO BE KNOWN AS THE PUBLIC SECTOR STANDARDS COMMISSIONER, TO CONFER ON HIM OR HER THE FUNCTIONS OF THE STANDARDS IN PUBLIC OFFICE COMMISION AND FURTHER POWERS IN RELATION TO BREACHES OF THIS ACT, TO ALLOW FOR THE INVESTIGATION OF COMPLAINTS IN RELATION TO PUBLIC SECTOR STANDARDS, TO PROVIDE FOR STANDARDS OF CONDUCT FOR PUBLIC OFFICIALS, TO PROVIDE FOR A SYSTEM OF DISCLOSURE OF INTERESTS, TO PROVIDE FOR THE FURNISHING OF TAX CLEARANCE CERTIFICATES TO THAT COMMISSIONER BY CERTAIN PUBLIC OFFICIALS, TO ESTABLISH THE OUTSIDE APPOINTMENTS BOARD AND CONFER ON IT CERTAIN POWERS AND FUNCTION, TO REPEAL THE ETHICS IN PUBLIC OFFICE ACT 1995 AND THE STANDARDS IN PUBLIC OFFICE ACT 2011, PART XV OF LOCAL GOVERNMENT ACT 2001 AND PROVIDE FOR RELATED MATTERS

Draft General Scheme page 2

Standards Commission Initiate own Investigations
Relevant bit in italics.

Draft General Scheme
CHAPTER THREE- INVESTIGATIONS
HEAD 26 - INVESTIGATIONS

Provide that-

(1) There shall be a Deputy Public Sector Standards Commissioner. The Deputy Commissioner shall appoint suitable persons (in this Act referred to as “investigation officers”) to carry out investigations under this Act

...

(5)

(a) The Commissioner shall refer a matter to the Deputy Commissioner for investigation where there is a valid complaint which has not been dismissed under head 23.
(b) The Commissioner shall refer a matter to the Deputy Commissioner where he or she is of the opinion that there may be a breach of this Act, but no valid complaint has been made.
(c) The Commissioner may refer a matter to the Deputy Commissioner if in his or her opinion it is in the public interest to have the matter investigated in order to ensure compliance with the provisions of this Act and to identify any contravention.
(d) A referral under subhead (b) and (c) may be made at any time within 12 months from the date on which evidence sufficient, in the opinion of the Commissioner, to justify the referral, comes to his or her attention, and in any event not later than 5 years from the date on which the alleged contravention in respect of subhead (b) or period in which compliance is being investigated.

Subhead (5) provides that The Commissioner shall refer a matter to the Deputy Commissioner where there is a valid complaint, where he or she is of the opinion that there may be a breach of the Act, but no valid complaint has been made, or if in his or her opinion it is n the public interest to have the matter investigated in order to ensure compliance with the provisions of this Act and to identify any contravention. Referrals must be made within 12 months from the date on which evidence sufficient to justify the referral comes to his or her attention and in any event not later than 5 years from the date on which the alleged contravention occurred.

Draft General Scheme page 71

Summary of the draft General Scheme of a Public Sector Standards Bill 2015
Part 4 - Chapter 3 (Heads 26-37)

Chapter 3 deals with investigations.
Head 26 provides for the establishment of a Deputy Commissioner who will have the power to appoint investigations officers. The Deputy Commissioner and the investigation officers will be independent in the carrying out of investigations. The Deputy Commissioner will prescribe the procedure to be followed in the conduct of the investigations. Subhead (5) provides for the Commissioner, within certain time limits, to refer matters to the Deputy Commissioner for investigation where a valid complaint has been made, where the Commissioner considers that a breach may have occurred or where he/she considers a matter should be investigated in the public interest. Subheads (8) and (9) provide for an investigation to be discontinued in certain circumstances, with subhead (10) providing for Heads 35 and Head 36 to apply in relation to costs in such circumstances

Summary of the draft General Scheme of a Public Sector Standards Bill 2015 page 4

Code of Conduct

Code Of Conduct For Office Holders As Drawn Up By The Government Pursuant To Section 10(2) Of The Standards In Public Office Act 2001

PART 2 – PUBLIC SECTOR STANDARDS
CHAPTER 1 – GENERAL PRINCIPLES AND STANDARDS OF CONDUCT
HEAD 6 - STANDARDS OF INTEGRITY

Provide that-
In carrying out his or her functions, it is the duty of every public official:

(a) to maintain proper standards of integrity and concern for the public interest,
(b) to use resources efficiently and effectively,
(c) to be appropriately guided by the principles of impartiality, objectivity, honesty, respect, accountability, openness and transparency and a code of conduct under head 19 shall include guidance for this purpose.

Draft General Scheme Page 21

Public Sector Standards
– a new and reformed legal framework
9. Proposals for Reform
Standards of integrity and Codes of Conduct
9.19 Under the Scheme, the Public Sector Standards Commissioner may issue a model code of conduct based on the general principles on standards of integrity set out above, which all public officials must comply with in the performance of their duties. Public bodies may issue their own guidance codes based on the model guide.

Policy Document page 16

Summary of the draft General Scheme of a Public Sector Standards Bill 2015
Part 3 (Heads 17 to 20)
Head 19 provides for development of a model code of conduct, and the prevention of conflicts through education training and research. All public officials must comply with the Code in the performance of their duties. Public bodies may issue their own codes to meet particular requirements, based on the model code. The Commissioner may review such codes and advise amendments. A court may have regard to a code of conduct in any proceedings under the Act.

Summary of the draft General Scheme of a Public Sector Standards Bill 2015 page 4

Draft General Scheme
HEAD 19 - CODES OF CONDUCT

Provide that-
(1) Having regard to the provisions and principles set out in head 6, the Commissioner shall

(a) draw up and issue a model code of conduct for guidance of public officials
and
(b) promote the highest standards of conduct and integrity and the prevention of conflicts of interests through training, education and research.

(2) Each public body may issue codes of conduct based on the model code which may deal with problems and issues likely to be relevant to the work of the particular public body concerned or in relation to any other matter connected with the public body.

(3) The Commissioner may review a code of conduct and suggest that the code of conduct be amended, and a public body shall consider any such suggestion.

(4) Each person to whom a code of conduct or provision thereof applies shall have regard to and be guided by the relevant code of conduct in the exercise of his or her functions.

(5) There shall be deemed to be included in the terms and conditions of employment, contract or other engagement of a public official an undertaking by him or her to have regard to and be guided by any applicable code of conduct in his or her relationship with the public body.

(6) A court may have regard to a code of conduct issued under this head in any proceedings including proceedings for an offence under this Act.

Explanatory Note:
Provisions for the making of codes of conduct were provided for in section 169 of the Local Government Act 2001 and section 10 of the Standards in Public Office Act 2001.
The new head departs from the current legislation and authorises the Commissioner to issue a model code of conduct based on the provisions and the set of guiding principles set out in head 6, which all public officials must comply with in the performance of their duties. It will act as a model and public bodies may adopt their own codes to meet particular requirements while adhering to the principles and standards in the model code. The Commissioner may advise as to whether amendments to any such code are required. A court may have regard to a code of conduct in any proceedings, including proceedings for an offence under the Act.

Draft General Scheme page 56

REGULATORY IMPACT ASSESSMENT (RIA)
8 Alignment with Better Regulation Principles
Transparency
8.5 The development of the proposed legislation has been informed by consultations with key stakeholders. A significant effort has been made to simplify and modernise the existing legislative framework and to ensure that it is easily comprehended by users. The Code of Conduct for Ethics which will be developed under the proposed legislation, and related guidelines, are expected to provide clarity and further information on key aspects of the legislation.

Regulatory Impact Assessment page 11

Corporate Governance Standard for Government Departments

Minister for Public Expenditure and Reform publishes proposed Corporate Governance Standard for Government Departments
Have your say on Corporate Governance in Government Departments

Corporate Governance Standard for Government Departments

Is it replacing the cabinet handbook?

Cabinet Handbook

Update
Public Sector Standards Bill 2015 Presented 21/12/2015

Public Sector Standards Bill 2015: Committee Stage 6 April 2017
Links

Long overdue reform of Standards in Public Office Commission Irish Times

Seanad Nomination Bodies

This post is split from Seanad Reform 2015 concentrating on the reform of lack of reform re Nominating bodies. Looking at which new bodies have been added recently and looking at Seantor Katherine Zappones attempt at encouraging new bodies to register.

Nomination body rules
Seanad Electoral (Panel Members) Act, 1947 PART II. The Register of Nominating Bodies. Establishment and maintenance of register of nominating bodies. 8

SEANAD ELECTORAL (PANEL MEMBERS) ACT, 1954

S.I. No. 91/1954 - Seanad Electoral (Panel Members) (Prescribed Forms) Regulations, 1954.

8 (2) (b) a body shall not be eligible to be registered in the register in respect of any particular panel unless either—
(I) (i) its objects primarily relate to or are connected with the interests and services mentioned in subsection 10 of Section 7 of Article 18 of the Constitution in respect of that particular panel, and
(ii) its activities are concerned mainly with such interests and services, or
(II) its members are representative of persons who have knowledge and practical experience of such interests and services ;
(II) its members are representative of persons who have knowledge and practical experience of such interests and services ;
(c) a body which is formed or carried an wholly or substantially for profit or which carries on, as its sole or principal function, any trade or business for profit shall not be eligible for registration in the register ;
(d) the Seanad Returning Officer may refuse to register any body (not being an excepted body) in the register unless—
(I) its organisation and direction are governed by articles of association, rules or other regulations which—
(i) provide for an annual general meeting to which all members are invited by a notice forwarding an agenda including the following items, that is to say, minutes of preceding meeting, presentation of annual report, consideration of statement of accounts as certified by the auditor, election of executive committee, election of auditors,
(ii) make adequate provision for the carrying on of the business of the body by an executive committee, and
(iii) provide for the audit and certification of accounts by a public auditor or other qualified person, and
(II) its average annual revenue from subscriptions during the five years immediately preceding the application for registration has been in the case of a charitable body, not less than one thousand pounds, or, in any other case, not less than two hundred and fifty pounds,
but subject to the proviso that the requirements set out in this paragraph as to election of auditors, provision for audit and annual revenue shall not apply in the case of such bodies engaged in the promotion of scientific or general knowledge as in the opinion of the Seanad returning officer are of national importance ;
(e) a body which is composed wholly or mainly of persons who are in the employment of the State or of persons who are in the employment of local authorities and the objects of which include the advancement or protection of the interests of such persons in relation to their said employment shall not be eligible for registration in the register ;

Does the law suggest that you would have to create a subscription based 'human/civil rights workers' association and then try to get that registered?

Register of Nominating Bodies

Register of Nominating Bodies as revised at the annual revision and signed by the Seanad Returning Officer in pursuance of section 19 of the Seanad Electoral (Panel Members) Act 1947, as amended by the Seanad Electoral (Panel Members) Act 1954.

Difficulty in adding new bodies

Report of the Working Group on Seanad Reform 2015: Statements

Senator Katherine Zappone: Prior to getting into the proper debate on the Seanad referendum we gathered a group of civil society organisations to inform them about what the vocational aspect of the Seanad meant, and to invite them to consider being nominating bodies as part of our agenda to open up the Seanad and connect with the public. Vocational for us meant sectoral in particular. I like how the various vocational panels are renamed in the report to cover public administration and social services including voluntary social activities. Through the experience, my colleagues and I found that even when we tried to inform civil society groups about what being a registered body meant and about nominating candidates to become part of a panel there was still confusion. As we encouraged them to become registering bodies and they engaged with the Clerk of the Seanad - and I agree with all of the comments made about the Clerk of the Seanad - we found it seemed to be very difficult to go through the process to become a registering body. This is partly because much of the process is based on antiquated law and procedures. In addition to an information campaign to encourage more bodies to register we need to modernise how registration happens and the criteria for organisations to register. One of the stumbling blocks we found is many bodies which want to register may not be considered charities because they are civil rights organisations.

Definition of a Charity. Charities Act 2009 Section 3 Charitable purpose. more on Charities and Human rights below

Seanad Electoral Reform Bill 2013: Order for Second Stage 2013

Senator Katherine Zappone: There is no stated rationale contained in the Bill, or in any research that underpinned the Bill, to abolish the role of nominating bodies. We should change how candidates are nominated to stand for the panels by initiating a dramatic expansion of the nominating bodies. If a Bill were to modernise the criteria whereby an organisation could become a nominating body it would open up Seanad Éireann to civil society. A couple of weeks ago I hosted, along with some of my Independent colleagues, a public meeting for civil society and arts organisations which might be interested in becoming nominating bodies. Representatives of more than 60 organisations showed up and they demonstrated significant enthusiasm for the possibility that this provided them to influence the political process. The potential involvement of these organisations could allow nonmainstream, minority and marginalised voices to become part of Seanad Éireann.

General Scheme of the Seanad Electoral (University Members) (Amendment) Bill 2014: Statements

Senator Katherine Zappone: This Bill is an opportunity to open up the Seanad but it is also an opportunity to modernise the process through which nominating bodies to the Seanad apply and are approved. Prior to the Seanad referendum, my Independent Senator colleagues and I held a meeting of the current nominating bodies along with a significant number of civil society organisations who were interested in becoming nominating bodies. It was a very well attended, vibrant meeting with over 60 participants. As part of the event, I presented information on how Seanad elections work. I outlined the number and type of panels, how people are nominated, including a mention of the sub-panels and I also described the five vocational panels. Having had some key meetings with Ms Deirdre Lane and Ms Jody Blake prior to that meeting, I was also able to explain how they could register an interest in becoming a nominating body and how they might qualify to become a nominating body.

Many organisations have expressed an interest in becoming nominating bodies. However, we found the administrative process through which organisations apply to become nominating bodies is most outdated. The rules under which the bodies must apply date from the 1947 Seanad Electoral (Panel Members) Act and contain no provision for electronic communications. Applications must be posted or hand-delivered. More critical than that, the criteria for becoming a nominating body are not absolutely clear to those who wish to apply, as this provision of information is restricted within the 1947 Act. We need to amend the criteria required to become a nominating body so that those organisations which nominate can represent the wide diversity of civil society organisations that have been established since the 1950s. These amendments to the 1947 Act could be incorporated within this Bill which would be a positive move by the Government.

In 2014, we need a more open, transparent and modern process for selecting nominating bodies. If such a process were more straightforward, civil society’s interest in the Seanad could be harnessed to create a more accessible and representative Seanad. I would be happy to discuss these issues further with the Minister’s officials.

Future Matters Submission to Seand Reform Working Group

Another issue of concern is the lack of clear and concise information on the application process for prospective Seanad Nominating Bodies are required to undertake in order to register as a Nominating Body. An Information Campaign which details the application process, the necessary form to be completed and outlines the types of supporting documentation * needed in order to fully satisfy the Seanad Returning Officer of an organisations vocational expertise for the relevant vocational panel.
There is also anecdotal evidence to suggest that some NGOs have found it difficult to complete the process to be admitted to the Administration Panel, notwithstanding their offering of public services to individuals on a charitable basis (eg information provision, free legal advice and representation services etc) due to their advocacy work to campaign for better service provision by the State for their service users. Provision of clear and detailed advice to prospective Nominating Bodies as to the requirements before the commencement of the application period in February each year would be useful in this regard.

* Company constitutive documents (Certificate of Incorporation, Memorandum and Articles of Association, Audited Financial Accounts, Tax Registration Status and any publications produced by the organisation outlining its activities.

Submission on the Seanad Electoral (University Members) (Amendment) Bill 2014 Senator Feargal Quinn and Senator Katherine Zappone

This submission also wishes to emphasise that in order to open up the Seanad and enhance its democratic credentials, there is a real need to modernise the process through which nominating bodies to the Seanad apply and are approved. The current nomination mechanism is antiquated and does not reflect our modern society. In Seanad Éireann on 11th March this year, during statements on the Seanad Electoral (University Members) (Amendment) Bill 2014, Katherine Zappone said “We need to amend the criteria required to become a nominating body so that those organisations which nominate can represent the wide diversity of civil society organisations that have been established since the 1950s. These amendments to the 1947 Act could be incorporated within this Bill which would be a positive move by the Government. In 2014, we need a more open, transparent and modern process for selecting nominating bodies. If such a process were more straightforward, civil society’s interest in the Seanad could be harnessed to create a more accessible and representative Seanad. I would be happy to discuss these issues further with the Minister’s officials.”

Report of the Working Group on Seanad Reform 2015: Statements Ivana Bacik

I was slightly disappointed that they seem to recommend retention of the current nomination process, which is controlled by the political parties. Maybe I have misread that. In our submission, we make some more radical recommendations for change.

Similarly, on the nomination process, I was slightly disappointed that they seem to recommend retention of the current nomination process, which is controlled by the political parties. Maybe I have misread that. In our submission, we make some more radical recommendations for change.

Labour Senators Submission

Nomination should be possible either through the existing nominating bodies; or by local authorities; or by popular nomination by 500 persons whose names are on the Seanad electoral register.

The Seanad must be a real balance to Government power Senator Zappone wrote an op-ed about in thejournal.ie in Januray 2013

As it stands now, just 101 organisations are registered to nominate candidates to the five Seanad panels. We think there should be more. For example, let’s consider the Administrative and Voluntary panel with 14 nominating bodies, one of which, People with Disabilities Ireland, has had its funding removed. That leaves 13 organisations (including, unusually, two representing deaf people) nominating on behalf of every voluntary group in the country as well as representing those responsible for administration.

Registering for Nominating body meeting 2013

Ads for registering for Seanad nomination bodies, from Senators and from Oireachtas.

Civil Society and Arts Organisations Invited to Have a Say on Seanad Reform

Civil Society and Arts Organisations Invited to Have a Say on Seanad Reform

Are you involved with a civil society or Arts organisation? Does your organisation want to have a greater impact on the political process? The Oireachtas is currently accepting applications for new organisations to become nominating bodies for candidates to Seanad Eireann.

Senator Katherine Zappone, Senator Fiach McConghail and Senator Jillian Van Turnhout will hold a meeting of civil Society and Arts organisations in the Central Hotel, Exchequer Street, on Thursday , 7 February at 6.00pm.

Information on the proposed reform of the Seanad will be provided as well as details on how your organisation can apply to become a nominating body.

Organisation that displayed the call to register
National Campaign for the Arts
The Wheel
Organisations that want to join but havn't, (did they write submission re Seanad Reform?).

National Womens Council of Ireland

Mentions of applying for Nomination Body register.

Genealogical society Gazette 2006

Mentions of Selection Process
Inclusion Ireland

Recent changes in Nominating Bodies

new or removed nomination bodies for Seanad candidates since 2011

5 removed 11 added

New Removed for Year	Panel	Body
removedfor2015	Cultural and Educational Panel	Comhdhail Naisiunta na Gaeilge
newfor2015	Cultural and Educational Panel	Institute of Guidance Counsellors
newfor2015	Labour Panel	Irish Internet Association Limited
newfor2015	Labour Panel	Credit Union Development Society Ltd
newfor2015	Industrial and Commercial Panel	National Off-Licence Association
newfor2014	Administrative Panel	National Council for the Blind
removedfor2015	Administrative Panel	Association of County and City
removedfor2015	Administrative Panel	Association of Municipal Authorities of Ireland
removedfor2014	Industrial and Commercial Panel	West Dublin Chamber of Commerce
newfor2013	Cultural and Educational Panel	Irish Playwrights and Screenwriters Guild
newfor2013	Cultural and Educational Panel	Theatre Forum Ireland
newfor2013	Cultural and Educational Panel	Visual Arts Ireland
newfor2013	Labour Panel	Independent Broadcasters of Ireland
newfor2013	Administrative Panel	Centre of Independent Living Limited
removedfor2012	Industrial and Commercial Panel	The Irish Auctioneers and Valuers Institute

the Association of County and City and Association of Municipal Authorities of Ireland which were merged into the Association of Irish Local Government but it hasn't been added...?

User:Jnestorius/Vocational Panels
Historical list of bodies registered for the nominating bodies subpanel of the Vocational Panels electing senators to Seanad Éireann.

Varadkar calls for urgent reform of the Seanad 23 July 2007 politico.ie Aisling O'Rourke
Calls for reform as survey shows election bodies 'uncontactable' Michael Brennan 24/07/2007

Senators Nominated by Nominating Bodies

Panels of Candidates

Brian Ó'Domhnaill	Fianna Fail	The Dairy Executives' Association
Catherine Noone	Fine Gael	Irish Country Houses and Restaurants Association;The Construction Industry Federation
Colm Burke	Fine Gael	Association of Patent and Trade Mark Attorneys, National Housebuilding Guarantee Company Limited;Nursing Homes Ireland
Denis Landy	Labour	Association of Municipal Authorities of Ireland.
Denis O'Donovan	Fianna Fail	Irish Greyhound Owners and Breeders Federation.
Imelda Henry	Fine Gael	Vintners’ Federation of Ireland Limited
Jim Walsh	Fianna Fail	Irish Grain and Feed Association
Labhrás Ó'Murchú	Fianna Fail	Comhaltas Ceoltóirí Éireann
Marc MacSharry	Fianna Fail	Wholesale Produce Ireland;The Chambers of Commerce of Ireland; The Insurance Institute of Ireland;Institute of Bankers in Ireland
Marie Moloney	Labour	Irish Congress of Trade Unions
Mark Daly	Fianna Fail	Irish Deaf Society — National Association of the Deaf;Enable Ireland Disability Services Limited;Irish Kidney Association.
Martin Conway	Fine Gael	People with Disabilities in Ireland Ltd.
Mary White	Fianna Fail	Irish Exporters Association Limited.
Maurice Cummins	Fine Gael	The Irish Conference of Professional and Service Associations.
Michael Mullins	Fine Gael	The Irish Vocational Education Association.
Ned O'Sullivan	Fianna Fail	The Irish Conference of Professional and Service Associations;Irish Congress of Trade Unions.
Paddy Burke	Fine Gael	Irish Co-operative Organisation Society Limited.
Paschal Mooney	Fianna Fail	National Association of Regional Game Councils.
Pat O'Neill	Fine Gael	National Association of Regional Game Councils.
Paul Bradford	Fine Gael	The Irish Thoroughbred Breeders’ Association.
Paul Coghlan	Fine Gael	RGDATA — Retail, Grocery, Dairy and Allied Trades Association
Terry Brennan	Fine Gael	Irish Congress of Trade Unions.
Terry Leyden	Fianna Fail	The Irish Conference of Professional and Service Associations.

Senators Nominated by Nominating Bodies and bodies previously nominated by.
Senators Nominated by Nominating Bodies Panels Panels previously nominated to.

Nomination Process
Senator Terry Leyden describes process of being nominated by ICPSA to Seanad Submissions 2003 pg 7 and continueing dialogue and representation and regular meetings with councillors

On the 4th June 2002, a meeting was held in The Irish Bank Officials Association Headquarters, St Stephen’s Green. I was nominated by the Association. From fourteen applications of nomination, seven were nominated. Those nominated were as follows:

Senator Dan Kiely M.C.C.,
Senator Teresa Ridge M.C.C.,
Cllr Terry Leyden,
Ms Geraldine Feeney,
Mr Sean Lyons,
Cllr Maurice Cummins,
Cllr Gary Keegan

Of the seven nominated, the following were duly elected: Ms Geraldine Feeney, Cllr Terry Leyden, Cllr Maurice Cummins.

Seanad Bill 2015
Suggested changes to the Seanad nomination body law.

Nominating Bodies
Seanad Reform Report

1
RECOGNITION OF NOMINATING BODIES
Bodies with the right to nominate to each panel are updated and published annually. Any eligible body may receive recognition but those bodies seeking recognition are required to have strict rules governing articles of association, finance, audit, management, etc. Additionally, the body’s objects must relate to or be connected with the interests and services listed in the Constitution. It is also a requirement that members of the body must be representative of persons who have knowledge and practical experience in the relevant interests. The detailed rules for recognition are clearly outlined in the legislation.

Italics shows different from current law. Section 8 of the Act of 1947

10. Nominating bodies.
(1) Section 8 of the Act of 1947 is amended by substituting the following for section 8(2)(b)
–
“(b) a body shall not be eligible to be registered in the register in respect of any particular constituency unless either—
(I)
(i) its objects and area of interest primarily relate to or are directly connected with the interests and services mentioned in subsection 1° of section 7 of Article
18 of the Constitution in respect of that particular panel, and
(i) it has in place a set of corporate governance rules which detail the objectives, structure and rules applicable to the organization, and
(ii) its activities are concerned mainly with such interests and services, or
(II) it has an active body of members are representative of persons who have knowledge and practical experience of such interests and services;”.

11. Knowledge and practical experience.
Part IV of the Act of 1947 is amended in Chapter II by inserting the following before section 25 -

“Knowledge and practical experience.
24A.
(1) This section gives further effect to the requirement set out in Article 18.7 of the Constitution which requires a person seeking to be a candidate in a Seanad general election to have knowledge and practical experience of the interests and services pertaining to the constituency in respect of which he or she is seeking to be elected.
(2) The requirement that a person mentioned in subsection (1) have knowledge and practical experience of the interests and services pertaining to the constituency in respect of which he or she is seeking to be elected may be met by establishing to the satisfaction of a judicial referee that he or she has-
(i)
(a) attained a formal qualification, or
(b) through several years of work experience, has attained a level of knowledge which can be regarding as being equivalent to a formal
qualification, in a field which is of direct relevance to the constituency in respect of which he or she is seeking to become a candidate, and
(ii) has verifiable practical experience which is of direct relevance to the constituency in respect of which he or she is seeking to become a candidate.
(3) Notwithstanding the generality of subsection (1), persons seeking nomination to the–
(a) cultural and educational constituency shall, to the satisfaction of the judicial assessor, demonstrate knowledge and practical experience of the following
interests and services, namely national language and culture, literature, art, education and professional interests;
(b) agricultural constituency shall, to the satisfaction of the judicial assessor, demonstrate knowledge and practical experience of the following interests and services, namely, agriculture and allied interests including the natural environment, the food industry, and fisheries;
(c) labour constituency shall, to the satisfaction of the judicial assessor, demonstrate knowledge and practical experience of the following interests and services, namely, labour, whether organised or unorganised;
(d) industrial and commercial constituency shall, to the satisfaction of the judicial assessor, demonstrate knowledge and practical experience of the following
interests and services, namely, industry and commerce, including banking, finance, accountancy, engineering, and architecture;
(e) administrative constituency shall, to the satisfaction of the judicial assessor, demonstrate knowledge and practical experience of the following interests and
services, namely, public administration and social services, including voluntary social activities and non-governmental organisations.(4) The onus in establishing the existence of the requisite degree of knowledge and practical experience rests with the aspiring candidate.
(5) A person who has previously served as a member of the Seanad shall be deemed to meet the knowledge and practical experience requirements of Article
18.7 of the Constitution and therefore subsections (2), (3) and (4) shall not apply in respect of the nomination of such persons.
(6) The Seanad Electoral Commission, having consulted with the Minister for Justice, shall appoint a serving or former Judge of the Superior Courts to serve as a judicial assessor for the purpose of this section.
(7) In order to be eligible for inclusion in a replacement candidates list provided for under section 57, a person shall satisfy the requirements of this section

Seanad Exhibit
Senators Exhibit Blogpost on how I made it.


Spreadsheet

Oireachtas Research put out an info graphic on the seanad electoral process.

Seanad Éireann Electoral Process Infographic
How Seanad is elected

The graphic illustrates how Seanad Éireann is elected, with a particular focus on the vocational panel elections, and highlights the Constitutional and legislative provisions governing the electoral process.
Seanad Éireann Electoral Process L&RS Note

Links
Seanad nominating bodies thread on Politics.ie.

User:Jnestorius/Vocational Panels Historical list of bodies registered for the nominating bodies subpanel of the Vocational Panels electing senators to Seanad Éireann. by Wikipedia User Jnestorius.
Past Reforms and Present Policy: examining the Seanad Electoral Act, 1947 Elaine Byrne History Hub

Submission to 2003 Review

Seanad Nominting Bodies 2015 Register of Nominating Bodies Archive
Electoral Roll
Seanad General Election List of Candidates
Seanad Count

Enda Kenny's Seanad flip flop timeline


Advancement of Human rights as a Charitable act

Revenue: Charities FAQ

Charities (Amendment) Bill 2014 [PMB] Sponsored by Deputy Padraig MacLochlainn. Introduced 16/01/2014

Charities (Amendment) Bill 2014

Guidelines to developed by Revenue

Sub-Committee on Human Rights relative to Justice and Equality Matters
Work Programme - sub-Ctte on Human Rights relative to Justice & Equality matters 26 March 2015

To review the 2009 Charities Act with regard to it omission of human rights organisations to apply for charitable status.

Justice, Defence and Equality Committee

The Sub-Committee on Human Rights relative to Justice and Equality Matters will meet on Wednesday the 24th June at 2.30 p.m. in CR2 LH2000 to engage with Dr. Oonagh Breen, Senior Law Lecturer at UCD and Mr. Ivan Cooper, Director of Advocacy at The Wheel on the Charities Act 2009 with regard to the omission of Human Rights as a charitable purpose.

Speech delivered by Alan Shatter TD, Minister for Justice, Equality and Defence during Private Members’ Business on the Charities (Amendment) Bill 2014 (Second Stage) on the 21 January 2014

I would like now to refer to Section 2 of the proposed Bill. The Government does not support the amendment to include the advancement of human rights in the list of purposes that are of benefit to the community. This is not due to any lack of recognition of the vital role of human rights organisations in our communities both here and worldwide. Rather it is in light of the importance of ensuring that the new systems of regulation of charities is appropriately aligned with the system of charitable tax exemption that has long been operated by the Revenue Commissioners. Under this system, the Revenue Commissioners recognise the advancement of human rights as a charitable purpose only in the case of a human rights charity that has consultative status with the United Nations.

Consultative Status with ECOSOC List of Irish Charities with UN Consultative Status Not very many.
Taxes Consolidation Act, 1997

Bodies for the promotion of Universal Declaration of Human Rights and the implementation of European Convention for the Protection of Human Rights and Fundamental Freedoms.

209.—Where any body of persons having consultative status with the United Nations Organisation or the Council of Europe—

(a) has as its sole or main object the promotion of observance of the Universal Declaration of Human Rights or the implementation of the European Convention for the Protection of Human Rights and Fundamental Freedoms or both the promotion of observance of that Declaration and the implementation of that Convention, and

(b) is precluded by its rules or constitution from the direct or indirect payment or transfer, otherwise than for valuable and sufficient consideration, to any of its members of any of its income or property by means of dividend, gift, division, bonus or otherwise however by means of profit,

there shall, on a claim in that behalf being made to the Revenue Commissioners, be allowed, in the case of the body, such exemption from income tax as is to be allowed under section 207 in the case of a body of persons established for charitable purposes only the whole income of which is applied to charitable purposes only.

Finance Act, 1973

Bodies for the promotion of Universal Declaration of Human Rights and the implementation of European Convention for the Protection of Human Rights and Fundamental Freedoms.20.—Where any body of persons having consultative status with the United Nations Organisation or the Council of Europe—

(a) has as its sole or main object the promotion of observance of the provisions of the Universal Declaration of Human Rights or the implementation of the European Convention for the Protection of Human Rights and Fundamental Freedoms or both, and
(b) is precluded by its rules or constitution from the direct or indirect payment or transfer, otherwise than for valuable and sufficient consideration, to any of its members of any of its income or property by way of dividend, gift, division, bonus or otherwise howsoever by way of profit, there shall, on a claim in that behalf being made to the Revenue Commissioners, be allowed, in the case of the body, such exemption from income tax as falls to be allowed under section 333 of the Income Tax Act, 1967 , in the case of a body of persons established for charitable purposes only the whole income of which is applied to charitable purposes only.

Council of Europe: Participatory status Ireland

"consultative status" with the United Nations opireachtas search via Kildarestreet.com

Wednesday, 26 November 2008 Charities Bill 2007: Second Stage Dan Boyle (Green Party)

a matter of political concern about how to define organisations which exist for the promotion and enhancement of human rights and the extremely grey area between such organisations and openly political groupings.

Charities Bill 2007
Charities Act 2009
Authorised Resident Charities

“excluded body” means—
(a) a political party, or a body that promotes a political party or candidate,

(b) a body that promotes a political cause, unless the promotion of that cause relates directly to the advancement of the charitable purposes of the body,

Statement by the United Nations Special Rapporteur on the Situation of Human Rights Defenders, Margaret Sekaggya, at the end of her visit to Ireland (19-23 November 2012)

Freedom of association
It has been brought to my attention that section 3(11) of the Charities Act, 2009 has failed to recognise the promotion of human rights as “a purpose that is beneficial to the community”, which excludes any organization that works on human rights promotion from the benefit of tax exemption as well as from being considered a legitimate charity for fundraising purposes. This appears as a difficult challenge for defenders working on the promotion and advocacy of human rights.

Other Reports

Working Group on Seanad Reform - Consultation Process

Submissions received by the Working Group on Seanad Reform

Fien Gael Abolish Seanad Campaign Informatoin Leaflet

Seanad Electoral Law Commission, 1959 Report. Not available online, re Nomination Boies process.

Second Progress Report Seanad Éireann - The All-Party Oireachtas Committee On The Constitution
4.3.2 Reform without constitutional amendment

Creating a balance between political election and vocationalism: the recommendations of the 1959 Seanad Electoral Law Commission, or a variant of these, could be implemented. This would entail division of each of the five panels into two more sharply differentiated subpanels. One of these would consist of candidates nominated by members of the Oireachtas, the electorate to be constituted as at present. The other would consist of candidates proposed by nominating bodies, the electorate to consist of representatives of these bodies themselves

Oireachtas 2nd-Report-Seanad 1997

Committee
Human Rights and Equality sub-Committee to consider Charities Act 2009 23 June 2015

Dr Oonagh Breen of UCD’s School of Law and Ivan Cooper of the Wheel will address the sub-Committee.

2008 revenue manual ? Irish law based on
mcgovern case human rights is political,changed in 2005

McGovern -v- Attorney-General; ChD 1982

A trust established by Amnesty International to promote certain of its objects was not charitable because it was established for political purpose; however a trust for research into the observance of human rights and the dissemination of the results of such research could be charitable.

Section 7 Charities Act 2009 separates charity status from tax designation. So you can be charity and just not get the tax relief.

Exemption from liability to pay tax.

7.— (1) Nothing in this Act shall operate to affect the law in relation to the levying or collection of any tax or the determination of eligibility for exemption from liability to pay any tax.

(2) The Revenue Commissioners shall not be bound by a determination of the Authority as to whether a purpose is of public benefit or not in the performance by them of any function under or in connection with—

CC9 2009 guidelines Speaking out: guidance on campaigning and political activity by charities (CC9) What charities and their trustees need to consider when campaigning or engaging in political activity. https://www.gov.uk/government/publications/speaking-out-guidance-on-campaigning-and-political-activity-by-charities-cc9



Links
Working with ECOSOC: an NGOs Guide to Consultative Status
Senators got leg up before LateLate showdown
http://oireachtasdebates.oireachtas.ie/debates%20authoring/debateswebpack.nsf/takes/seanad2013062700021?opendocument
Modernising Charity Law: Recent Developments and Future Directions
http://www.lawreform.ie/2006/report-on-charitable-trusts-and-legal-structures-for-charities.222.html

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submission
nominating bodies
councillors influence/ councillors power david norris
need more information on how they discuss with councillors and expert bodies