The Standards in Public Office Commission (SIPO) has said it is concerned that the disclosure-of-interests provisions do not apply on a statutory basis to an increasing number of public bodies.

The SIPO 2023 annual report states that some directorships and positions of employment across the public service remain outside the scope of the acts because regulations have not been updated since 2018.

The report states that at least 42 public bodies that remain outside the remit of the legislation.

In 2023, the Department of Public Expenditure, National Development Plan, Delivery and Reform told SIPO that it was not able to draft amended regulations.

The Commission believes that where a new body is being set up, or existing bodies merged, the prescription of designated directorships and designated positions of employment should be considered as a standard part of the process of establishment.

Notified

The Commission was notified of 313 appointments to senior office by public bodies during 2023, up from 170 in 2022.

There were two ongoing investigations in relation to ‘senior office’ appointees for non-compliance with tax clearance provisions at the start of 2023.

A further six investigations under these provisions were approved during 2023. Seven individuals came into compliance during the year and two remained outstanding at year-end.

The SIPO 2023 annual report details 205 complaints under ethics legislation, with a further 16 carried over from previous years.

A total of 135 complaints were closed by the Commission during the year, of which 126 related to complaints received in 2023.

The remaining 86 complaints were carried forward into 2024.

SIPO initiated five preliminary inquiries with three carried forward from the previous year.

Four preliminary inquiries were still ongoing at year-end.

The Commission initiated three investigations in 2023.

No investigation hearings were held in 2023, with three investigations ongoing at year-end.

Review

A Government review of ethics legislation has set out steps to address limitations with the current statutory framework:

• Legislative network for ethics underpinned by a set of overarching integrity principles,
• New statutory prohibitions, including on use of insider information,
• Strengthening disclosure requirements to improve transparency and examining whether regime should encompass more office-holders,
• Strengthening Standards in Public Office Commission,
• Post-term employment restrictions for elected officials and public servants that address matters not already covered by lobbying regulation and which should align closely with that legislation.