Briefing on Ireland

1. Briefing on Ireland Neil Collins University College Cork Ireland

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

3. 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

4. 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

5. 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

6. 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.

7. 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

8. 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’

9. 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

10. 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

11. 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

12. 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.

13. 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

14. 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.

15. 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)

16. 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 Corruption scandals