The Standards in Public Office Commission (SIPO) ( ga, Coimisiún um Chaighdeáin in Oifigí Poiblí) is an independent body established in December 2001 by the

Irish Government The Government of Ireland ( ga, Rialtas na hÉireann) is the cabinet that exercises executive authority in Ireland. The Constitution of Ireland vests executive authority in a government which is headed by the , the head of government. The gover ...

under the Standards in Public Office Act, 2001. It replaced the Public Offices Commission which was established in November 1995 by the Ethics in Public Office Act, 1995. The current government has enacted legislation to introduce an Electoral Commission, which would initially replace SIPO's electoral functions as well as handling other functions relating to elections and referendums in the state. SIPO's other functions would be transferred to the Electoral Commission at a later date.

Functions of the commission

The commission is the supervisory body for compliance with legislation concerning ethical issues regarding politicians, office holders and civil servants

Political donations

The commission supervises compliance with legislation limiting donations to political parties in Ireland and election expenditure. This is a broad remit and applies to donations received by sitting Members of both

Houses of the Oireachtas The Oireachtas (, ), sometimes referred to as Oireachtas Éireann, is the bicameral parliament of Ireland. The Oireachtas consists of: *The President of Ireland *The two houses of the Oireachtas ( ga, Tithe an Oireachtais): **Dáil Éireann ...

and members of the

European Parliament The European Parliament (EP) is one of the Legislature, legislative bodies of the European Union and one of its seven Institutions of the European Union, institutions. Together with the Council of the European Union (known as the Council and in ...

representing Irish constituencies. It also applies to individual candidates at elections for

Dáil Éireann Dáil Éireann ( , ; ) is the lower house, and principal chamber, of the Oireachtas (Irish legislature), which also includes the President of Ireland and Seanad Éireann (the upper house).Article 15.1.2º of the Constitution of Ireland rea ...

Seanad Éireann Seanad Éireann (, ; "Senate of Ireland") is the upper house of the Oireachtas (the Irish legislature), which also comprises the President of Ireland and Dáil Éireann (the lower house). It is commonly called the Seanad or Senate and its memb ...

, the

and the

President of Ireland The president of Ireland ( ga, Uachtarán na hÉireann) is the head of state of Ireland and the supreme commander of the Irish Defence Forces. The president holds office for seven years, and can be elected for a maximum of two terms.Constitu ...

. The commission maintains the Register of Corporate Donors and the Register of Third Parties. The Commission makes reports to the Chairman of Dáil Éireann

Ceann Comhairle The (; "Head of heCouncil"; plural usually ) is the chairperson (or speaker) of , the lower house of the (parliament) of Ireland. The person who holds the position is elected by members of the from among their number in the first session a ...

in relation to donations.

Disclosure of interests by politicians

The commission supervises the disclosure of interests by politicians. All members of the Houses of the

Oireachtas The Oireachtas (, ), sometimes referred to as Oireachtas Éireann, is the bicameral parliament of Ireland. The Oireachtas consists of: *The President of Ireland *The two houses of the Oireachtas ( ga, Tithe an Oireachtais): ** Dáil Éireann ...

must provide the commission with tax clearance certificates. This also applies to the Attorney General and senior State-appointed members of public bodies. The Commission lays down guidelines and gives advice in individual cases. The Commission provides these statements of interests to the Clerk of

or the Clerk of

as appropriate, who publish registers of Members’ interests.

Expenditure of state funding

The commission monitors the expenditure of State funding by political parties. It makes reports to the Chairman of

on the use of State financing by political parties under the Electoral Acts.

Party leaders' allowances and Parliamentary Activities Allowance

The Commission examines expenditure paid from the annual allowances to the leaders of parliamentary parties for expenses arising from the parties' parliamentary activities, including research. The commission makes reports to the

Minister for Finance A finance minister is an executive or cabinet position in charge of one or more of government finances, economic policy and financial regulation. A finance minister's portfolio has a large variety of names around the world, such as "treasury", " ...

on the expenditure of the party leaders' allowances. Since 1 July 2014, the Party Leader's Allowance has been replaced by the Parliamentary Activities Allowance.

Complaints and investigations

The commission may receive complaints and carry out investigations against alleged breaches of the Ethics Acts. It may not receive complaints about Members of the

as these are dealt with by the Oireachtas. The commission may carry out investigations and hold sittings under the Ethics Acts. It provides a report to interested parties and those specified in the legislation. The investigation reports are published on its website.

Codes of conduct, guidelines and advice

The commission issues codes of conduct for politicians, office holders, and civil servants. It also issues statutory guidelines for compliance. The commission may also designate officials to give individual advice to individuals affected by the Ethics Acts.

Own initiative inquiries

The commission can decide to open an investigation on its own initiative for breaches of the Ethics Acts.

Annual reports and recommendations for change

The Commission makes annual reports to the Minister for Public Expenditure and Reform which are laid before each House of the

. In the annual reports, the commission makes recommendations for changes to ethics and other relevant legislation. The 2013 annual report summarises all previous recommendations.

Regulation of Lobbying

The commission has been given new responsibility by the Regulation of Lobbying Act 2015 which introduces a statutory register of lobbying, and rules concerning the practice of lobbying. The purpose of the Act is to provide for a web-based Register of Lobbying to make information available to the public on the identity of those communicating with designated public officials on specific policy, legislative matters or prospective decisions. The Act provides restrictions and conditions on the taking up of certain employments by certain designated officials for a specified period of time where a possible conflict of interest arises. The Act states that the Standards Commission will be the Registrar of Lobbying and will establish an online Register of Lobbying. The Standards Commission will oversee the implementation of the register, monitor compliance, provide guidance and assistance and where necessary investigate and pursue breaches of legal requirements in due course. The Act was signed into law on Wednesday 11 March 2015. The focus in the initial period of the implementation of the Act was on guidance and information and ensuring that registrants were familiar with the process of submitting their returns online. Enforcement provisions provided for in Part 4 of the Regulation of Lobbying Act 2015 (the Act) did not come into effect until 1 January 2017. From 1 January 2017, however, a person who does not register as required by the Act or does not submit a return of their lobbying activities or is late submitting a return of their lobbying activities is subject to the offences and penalties provided for in the Act.

Register of third parties

Since the Electoral (Amendment) Act 2001, SIPO has maintained a register of "third parties", defined as "any individual or group, other than a registered political party or election candidate, who or which accepts, in a particular calendar year, a donation for political purposes exceeding the value of €100". Auditing of "third party" activities addresses the minor issue of outside endorsements of election candidates and the major issue of

interest group Advocacy groups, also known as interest groups, special interest groups, lobbying groups or pressure groups use various forms of advocacy in order to influence public opinion and ultimately policy. They play an important role in the developm ...

s and

civil society Civil society can be understood as the "third sector" of society, distinct from government and business, and including the family and the private sphere.referendum campaigns. SIPO said in a 2003 report: :it is not the intention of the Standards Commission to pursue each individual and group involved in every type of campaign where the activities could be covered by the definition of political purposes. Such individuals or groups will, however, be contacted by the Standards Commission for clarification of their position if a complaint, or other information, is received about their failure to register. After SIPO wrote to some groups which advocated against the

Protection of Life During Pregnancy Act 2013 The Protection of Life During Pregnancy Act 2013 ( Act No.35 of 2013; previously Bill No.66 of 2013) was an Act of the Oireachtas which, until 2018, defined the circumstances and processes within which abortion in Ireland could be legally perfor ...

, Catherine Murphy complained that SIPO had no power to enforce registration. SIPO noted in a 2008 report that 'In practice, the vast majority of third parties have registered with the Standards Commission in relation to a particular campaign and their "political" activity has not extended beyond that campaign.' Whether a given a donation is for "political purposes" may be controversial. In 2018 Amnesty International Ireland was ordered to return a 2015 donation from the

Open Society Foundations Open Society Foundations (OSF), formerly the Open Society Institute, is a grantmaking network founded and chaired by business magnate George Soros. Open Society Foundations financially supports civil society groups around the world, with a st ...

on the grounds that contravened the prohibition on foreign donorations because it was political, being related to liberalising Ireland's abortion laws.

Members of the Commission

There are six members of the Standards Commission. The chairperson is a judge, or a former judge, of the

Supreme Court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...

or the High Court, and is appointed by the

on the advice of the

following resolutions passed by each House of the

recommending the appointment. There are four ex-officio members: the

Comptroller and Auditor General An auditor general, also known in some countries as a comptroller general or comptroller and auditor general, is a senior civil servant charged with improving government accountability by auditing and reporting on the government's operations. Fre ...

, the

Ombudsman An ombudsman (, also ,), ombud, ombuds, ombudswoman, ombudsperson or public advocate is an official who is usually appointed by the government or by parliament (usually with a significant degree of independence) to investigate complaints and at ...

, the Clerk of

and the Clerk of

. The ex-officio membership is the same as for the

Referendum Commission A Referendum Commission ( ga, An Coimisiún Reifrinn) is an independent statutory body in Ireland which is set up in advance of any referendum. The Referendum Act 1998 as amended by the Referendum Act 2001 provides for the establishment of the bod ...

. The sixth member is a former member of one of the Houses of the Oireachtas, and is appointed by the

following approval by each House of the Oireachtas. The Chairperson of the Standards Commission is ex-officio member (Commissioner) of the

Commission for Public Service Appointments The Commission for Public Service Appointments ( ga, Coimisiúin um Cheapacháin Seirbhíse Poiblí) is an independent Irish statutory body which sets standards for recruitment in the public service. The Commission is not to be confused with the P ...

References

External links

*
Commission for Public Service AppointmentsOffice of the Comptroller and Auditor General
{{authority control Politics of the Republic of Ireland Government agencies of the Republic of Ireland Anti-corruption agencies Political funding Elections in the Republic of Ireland