FF code of ethics is dilution of original draft

The long-awaited Fianna Fail code of conduct circulated to party TDs and senators yesterday represents a significant dilution…

The long-awaited Fianna Fail code of conduct circulated to party TDs and senators yesterday represents a significant dilution of the code originally proposed by the Taoiseach, Mr Ahern, at the end of 1998.

The fact that it has taken more than a year, and eight rewrites, for this mandatory ethics code to come to the parliamentary party reflects the difficulty encountered in drafting the document.

Mr Ahern first promised a code of ethics at the party's ardfheis in November 1998.

The first draft proposed that all Fianna Fail candidates produce a tax clearance certificate before contesting an election, in keeping with a recommendation in the McCracken report.

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However, this provision was strongly rejected by backbenchers who insisted that they would agree only to a form of words that required them to confirm their tax affairs were in order, or that they were "in negotiation with" the Revenue Commissioners.

The eighth draft of the code, expected to be approved at a meeting of the parliamentary party today, includes a pledge which must be signed by all candidates who contest a general, local or European election on behalf of Fianna Fail.

The pledge asks candidates to declare that they have complied with or are in the process of complying with, all tax obligations. That is a major shift from the original proposal of a tax clearance certificate.

One parliamentary party source told The Irish Times last night that the compromise formula was likely to be agreed at today's meeting.

"The original proposal was far too rigid. It did not cover those TDs or election candidates who were in the process of sorting out their tax affairs," the source said. "It was going to prove very awkward for candidates who are self-employed and who at different times of the year would owe the taxman money."

The pledge also asks that those who unsuccessfully contest a selection convention do not run as independents, or as candidates for another political party.

The Independent Kerry South TD, Mr Jackie Healy-Rae, contested the last election as an Independent after failing to secure a Fianna Fail nomination.

If passed today, the code will go to the next meeting of the Fianna Fail national executive, and from there to the party ardfheis on March 3rd for final approval. The code will come into effect immediately after that.

The 15-page document, entitled Standards in Public Life - Mandatory Code for Office-holders and Candidates, deals with the conduct of campaigns, fundraising for candidates and officeholders, conflicts and declarations of interest and compliance procedures.

The objective of the document is threefold: to set out guiding principles and a general code of conduct for members active in public life; to specify the requirements imposed on candidates and office-holders by the electoral and ethics legislation; and to provide for the establishment of a Standards in Public Life Committee to foster, develop and enforce ethical behaviour in the party.

The code is underpinned by six "principles of public life": public service; honesty, integrity and responsibility; independence; transparency; leadership; and discipline and team spirit.

The Standards in Public Life Committee is to be made up of no more than five people, including the chairperson of the parliamentary party and the general secretary. The committee's main responsibility, according to the code, will be to encourage and reinforce a culture of the highest standard of ethical behaviour in the party and in public life in general.

The new code sets out procedures for complaints, which will be investigated by the Standards in Public Life Committee. Penalties for those deemed in breach of the code of ethics shall include, "but are not limited to", removal from party office or positions, removal of party whip, suspension from parliamentary party, suspension of party membership or expulsion from the party.