Briefing on Ireland Neil Collins University College Cork Ireland

Briefing on Ireland structure of Irish politics corruption scandals background to the Commission

Ireland: political structure Institutions of the Republic: –‘Westminster model’ fusion of legislature and executive –executive drawn from among elected members of parliament –inadequate checks vs responsive two key differences: –PRSTV + Bunreacht na hÉireann: written constitution

Ireland: political structure institutions - Presidency, Oireachtas (parliament), Cabinet, Courts –powers  general principles British-style parliamentary democracy but… –power of prime minister: chairman or chief resignation of prime minister/calling of election STV now = no single party governments written document = judicial review =  ‘British’ in its texture

Ireland: political structure another significant difference… –two main parties, Fianna Fáil (FF) + Fine Gael (FG) Civil War following Independence but… –‘Berlin or Boston’ – social democratic, welfarist, interventionist vs. neo-liberal, free market, anti-‘big government’ –Labour Party –minor parties - Greens, Sinn Féin, Progressive Democrats, independents personal first preference votes

Ireland: political structure President of Ireland: ceremonial Taoiseach: –choose cabinet ministers and junior ministers –call general election (max 5 years) control over the Dáil management of the civil service patronage and appointments ministers - more vulnerable to criticism –‘good department’ is one where the opportunities for favourable publicity are substantial.

Ireland: political structure Ministerial responsibility, collective responsibility, cabinet confidentiality –ministers seldom resign from office errors or failures parliamentary pressure collective responsibility, yes but… –distinctive party political profile

Ireland: political structure Dáil Éireann: 166 members –41 constituencies, returning between three and five Seanad Éireann: 60 members –same parties as in the Dáil parliament –excessively pre-occupied with constituency business –significantly diminished by corporatist arrangements known as ‘social partnership’

Ireland: political structure local government: –on Independence: corruption almost endemic –managers: chief executive of council independent decision-making powers public national competition, contracted 7 years highly circumscribed + financial independence very limited

Corruption scandals received wisdom: misuse of office + want of probily  last 20 years. Maybe but… –politicians deciding specific, individual policy decisions of high value to wealthy business interests planning at local government level cs routinely exercise discretion over commercially valuable decisions ministerial decisions are both commercially charged + policy criteria are insufficiently explicit –early 1980s, scandals enveloped Fianna Fáil government led by Charles Haughey abuses of power such as unwarranted telephone tapping and interference with police administration… –seemed confined to a small group within FF but… –Beef, McCracken, Moriarty and Flood Tribunals: politicians, money and relationship with business

Corruption scandals planing system: re-zoning –councillors especially in Dublin –a senior official –more modest sums, often charactirised as assistance with election expenses outside planning: process of ending state monopolies

Background to Commission Ethics Act 1995: very significant –statutory obligations on disclosure of interests -office holders, members of Dáil and Seanad, public service, including civil service –sets standards in performance and conflicts of interest. –important legislative response to public demand for transparency.

Background to Commission Electoral Act 1997: principles of openness and accountability. –relationships between: parties and individual politicians politicians and donors –Equity in electoral process: capping election spending assisting greater candidate participation by providing portion of election expenses –Commission: supervising legislation publication of guidelines giving of advice implementing disclosure requirements of

Accountability: Principle v. Legislation Standards Act 2001 Electoral (Amendment) Act, 2001 –prohibits foreign donations –limits on the value of donations –political donations accounts –registration of pressure groups Oireachtas (Ministerial and Parliamentary Offices) (Amendment) Act, 2001 –annual allowance to leaders of parties.

Current Irish Legal Provision Conventions Council of Europe Civil Law Convention on Corruption (signed 4 November 1999) Council of Europe Criminal Law Convention on Corruption (ratified 3 October 2003) EU Convention on the fight against Corruption (ratified March 2003) OECD Anti-Bribery Convention (ratified 22 September 2003) UN Convention against Transnational Organised Crime (signed December 2000) UN Convention against Corruption (signed 9 December 2003)

Corruption scandals true sense of scandal but… – ‘rent-seeking behaviour’ reducing the number of levels of decision-taking  cost of being corrupt + chances of being caught –translated into more laws and codes, harsher penalties along with news forms of checks and investigations reticence about parliamantary bodies; preference for judges –Public Accounts Committee in relation to tax evasion