dublinstreams: 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.