DPP urged not to delay TD tax-evasion decision

The Director of Public Prosecutions should decide whether to prosecute former Fianna Fáil TD Michael Collins for tax evasion "…

The Director of Public Prosecutions should decide whether to prosecute former Fianna Fáil TD Michael Collins for tax evasion "without delay", the Standards in Public Office Commission has said.

In 2004, Mr Collins, who represented Limerick West, was caught by the Revenue Commissioners in possession of a bogus non-resident bank account. He paid €130,000 in outstanding tax, along with penalties and interest.

Under the Ethics in Public Office Act, the commission, chaired by Mr Justice Matthew Smith, cannot investigate backbench TDs unless a formal complaint had been lodged.

The commission decided in June 2004 to postpone investigation of Mr Collins's compliance with the ethics legislation until the DPP had decided if he would prosecute him.

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It said: "The matter is still under consideration by the DPP and An Garda Síochána and there is no indication of when a decision may be reached. The standards commission is concerned at the length of time this matter has been under consideration and urges that it be resolved without delay."

Meanwhile, the ethics body has expressed frustration that it has to continue reminding politicians that they cannot use State services or public funds "for personal, electoral or party political gain" because existing rules are not clear.

Former minister of state Ivor Callely was complained about because he featured prominently in a Department of Transport-funded Operation Freeflow advertising campaign.

Following an inquiry, the commission said Mr Callely's prominence was "not necessarily inappropriate", but the code is "insufficiently clear as to distinguish between the appropriate use of a photograph of an office holder as part of a necessary advertising campaign, and an inappropriate raising of profile" before an election.

A decision by Minister of State Tom Parlon (PD) to endorse a brand of calf nuts for a constituent "was not in keeping with the spirit of the code of conduct for office holders", though the commission decided not to hold a full inquiry.

Mr Parlon last night said the commission wrote to him last November about his appearance in the press advertisement.

Mark Hennessy

Mark Hennessy

Mark Hennessy is Ireland and Britain Editor with The Irish Times