Weak laws hamper bids to root out corruption, says report

EFFORTS to root out corruption in politics are being undermined by weaknesses in legislation, according to a new report.

One of the chief problems is that the Standards in Public Office Commission cannot appoint an inquiry officer to investigate alleged corruption unless it has first received a complaint.

The commission monitors the conduct of public office holders. Three years ago, it urged the Government to change the law and give it greater powers to launch inquiries, but the request fell on deaf ears.

Another problem is the fact that certain complaints against TDs are investigated by fellow politicians. While the commission monitors the conduct of office holders, complaints against TDs who are not office holders are investigated by an Oireachtas committee.

The report, produced by independent think-tank TASC, says one of the “most dramatic illustrations of the problematic situation” is the fact that Liam Lawlor sat on the committee when it investigated Denis Foley following revelations Mr Foley held an Ansbacher account.

At the same time as he sat on this committee, Mr Lawlor was being investigated by the Planning Tribunal.

That is not the only problem with politicians investigating politicians, however.

“Anecdotal evidence suggests that TDs do not wish to sit on this committee because of their reluctance to sit in judgment on their peers,” the report says.

In addition, if the TD under investigation ceases to be a member of the Dáil for any reason before the committee produces its report, the committee can’t take any further action unless the TD him or herself requests it to do so.

“As such, a member may avoid investigation or sanction by resigning his/her post,” the report states.

Another problem the report identifies is the “poor protection” for whistleblowers who report evidence of corrupt practice.

The report also notes that there remains “considerable public concern” about the “preponderant influence of particular business sectors”, such as the construction industry, on government.

The 654-page report, entitled Power to the People? Assessing Democracy in Ireland, was published earlier this month but the findings on the integrity of the political system were not widely reported at the time.