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Anti-Corruption Activities TRANSPARENCY INTERNATIONAL INTERNATIONAL TRANSPARENCY National INTEGRITY SYSTEMS Transparency International Country NATIONAL INTEGRITY SYSTEMS COUNTRY STUDY – IRELAND 2009 INTEGRITY SYSTEMS COUNTRY NATIONAL STUDY Transparency International Ireland School of Business Ireland 2009 Trinity College Dublin Dublin 2 e: [email protected] www.transparency.ie National Integrity Systems TRANSPARENCY INTERNATIONAL COUNTRY STUDY Ireland 2009 TRANSPARENCY INTERNATIONAL COUNTRY STUDY Integrity: Behaviour consistent with a set of moral or ethical principles and standards. 3 TRANSPARENCY INTERNATIONAL COUNTRY STUDY Note for Readers Comments and observations on this study are very welcome and can be forwarded to Transparency International Ireland at [email protected]. Future updates and revisions will be posted on its website, www.transparency.ie. Research Timeline Primary research for this National Integrity Country Study for Ireland was led by Dr. Elaine Byrne between June 2006 and November 2006, and led by John Devitt between January 2007 and December 2008. Editor, Researcher, Project Coordinator John Devitt, Chief Executive of Transparency International Ireland, Board Member of Transparency International, and Research Associate at the School of Business, Trinity College Dublin. Lead Researcher Dr. Elaine Byrne, author of forthcoming book on corruption and PhD completed on the history of corruption in Ireland at the University of Limerick, Irish Times columnist. Assistant Researchers Lee Daly, Krina Despota, Kelly McCarthy, Tom Rowe, Lorraine Whitty Research Review and Quality Control Finn Heinrich and Sarah Repucci, Transparency International Secretariat Ms. Carmel Cohalan Professor Neil Collins, University College Cork Professor Alan Doig, Fraud Management Research Unit, Teeside Business School Dr. Terry Cradden Professor Tom Lodge, University of Limerick © 2009 Transparency International Transparency Secretariat Alt Moabit 96 10559 Berlin Germany www.transparency.org 4 TRANSPARENCY INTERNATIONAL COUNTRY STUDY CONTENTS Acknowledgements 8 List of Acronyms and Abbreviations 10 What is the NIS? 12 Why Conduct NIS studies? 13 National Integrity Study Methodological Note 13 Executive Summary 15 Priorities and Recommendations 22 General Recommendations 23 Local Government 24 Political Parties 24 Public Contracting 25 Additional Recommendations 26 Country Profile 29 Corruption Profile 32 Anti-Corruption Activities 41 Ireland’s National Integrity System 55 THE EXECUTIVE 56 Role and Structure 56 Accountability, Integrity and Transparency Mechanisms 57 Complaints and Enforcement Mechanisms 60 Relationship with other NIS pillars 61 THE LEGISLATURE 62 Role and Structure 62 Accountability, Integrity and Transparency Mechanisms 65 Complaints and Enforcement Mechanisms 66 Relationship with other NIS pillars 67 POLITICAL PARTIES 69 Role and Structure 69 Accountability, Integrity and Transparency Mechanisms 70 Complaints and Enforcement Mechanisms 72 Relationship with other NIS pillars 72 ELECTORAL COMMISSION 73 Role and Structure 73 Accountability, Integrity and Transparency Mechanisms 74 Complaints and Enforcement Mechanisms 74 Relationship with other NIS pillars 74 5 TRANSPARENCY INTERNATIONAL COUNTRY STUDY ANTI-CORRUPTION COMMISSION 75 Role and Structure 75 Accountability, Integrity and Transparency Mechanisms 75 Complaints and Enforcement Mechanisms 75 Relationship with other NIS pillars 78 JUDICIARY 82 Role and Structure 82 Accountability, Integrity and Transparency Mechanisms 82 Complaints and Enforcement Mechanisms 83 Relationship with other NIS pillars 85 OMBUDSMAN 86 Role and Structure 86 Accountability, Integrity and Transparency Mechanisms 87 Complaints and Enforcement Mechanisms 87 Relationship with other NIS pillars 88 CIVIL SERVICE/PUBLIC SECTOR AGENCIES 89 Role and Structure 89 Accountability, Integrity and Transparency Mechanisms 89 Complaints and Enforcement Mechanisms 91 Relationship with other NIS pillars 93 LAW ENFORCEMENT AGENCIES 95 An Garda Síochána 95 Role and Structure 95 Accountability, Integrity and Transparency Mechanisms 97 Complaints and Enforcement Mechanisms 100 Relationship with other NIS pillars 101 Director of Public Prosecutions (DPP) 101 Role and Structure 101 Accountability, Integrity and Transparency Mechanisms 102 Complaints and Enforcement Mechanisms 102 Relationship with other NIS pillars 102 Revenue Commissioners (Tax Authorities) 103 Role and Structure 103 Accountability, Integrity and Transparency Mechanisms 103 Complaints and Enforcement Mechanisms 104 Relationship with other NIS pillars 106 6 TRANSPARENCY INTERNATIONAL COUNTRY STUDY MEDIA 107 Role and Structure 107 Accountability, Integrity and Transparency Mechanisms 109 Complaints and Enforcement Mechanisms 110 Relationship with other NIS pillars 112 LOCAL AND REGIONAL GOVERNMENT 113 Role and Structure 113 Accountability, Integrity and Transparency Mechanisms 115 Complaints and Enforcement Mechanisms 118 Relationship with other NIS pillars 119 CIVIL SOCIETY 120 Role and Structure 120 Accountability, Integrity and Transparency Mechanisms 122 Complaints and Enforcement Mechanisms 124 Relationship with other NIS pillars 125 BUSINESS SECTOR 127 Role and Structure 127 Accountability, Integrity and Transparency Mechanisms 128 Complaints and Enforcement Mechanisms 135 Relationship with other NIS pillars 139 INTERNATIONAL INSTITUTIONS 141 Role and Structure 141 Accountability, Integrity and Transparency Mechanisms 141 Complaints and Enforcement Mechanisms 146 Relationship with other NIS pillars 146 SUPREME AUDIT INSTITUTION 148 Role and Structure 148 Accountability, Integrity and Transparency Mechanisms 149 Complaints and Enforcement Mechanisms 149 Relationship with other NIS pillars 150 PUBLIC CONTRACTING SYSTEM 153 Role and Structure 153 Complaints and Enforcement Mechanisms 153 Accountability, Integrity and Transparency Mechanisms 154 Evaluation of NIS 159 Appendix – Public Sector Codes of Conduct 163 Bibliography 171 7 TRANSPARENCY INTERNATIONAL COUNTRY STUDY Acknowledgements Transparency International would like to thank the following individuals and organisations for their comments and observations. We apologise to those we have failed to mention. Professor Niamh Brennan, University College Dublin Dr. Mark Callanan, Institute of Public Administration Professor Dermot Cahill, Bangor University Dr. Gemma Donnelly Cox, Trinity College Dublin Ms. Anna Marie Curran Dr. Constantin Gurdgiev Dr. Eoin Reeves, University of Limerick Dr. Brid Quinn, University of Limerick Mr. Kevin Murphy, former Ombudsman and Information Commissioner Mr. John Purcell, former Comptroller and Auditor General Professor Dermot Walsh, University of Limerick Mr. Noel Whelan B.L. Department of Community, Rural and Gaeltacht Affairs The Company Law Review Group The Competition Authority Office of the Comptroller and Auditor General The Courts Service Office of the Director of Corporate Enforcement Department of the Environment, Heritage and Local Government The European Commission Department of Finance The Financial Regulator An Garda Síochána Garda Síochána Ombudsman Commission Irish Council for Civil Liberties Department of Justice, Equality and Law Reform Office of the Oireachtas Commission Office of the Ombudsman and Information Commissioner National Public Procurement Policy Unit, Department of Finance The Revenue Commissioners The Standards in Public Office Commission TASC - Think Tank for Action on Social Change The Board and members of Transparency International Ireland The Wheel 8 TRANSPARENCY INTERNATIONAL COUNTRY STUDY Transparency International takes sole responsibility for the content and commentary contained in this study. All material was believed to be accurate at the time of writing. Any corrections and clarifications will be posted on the Transparency International Ireland website at www.transparency.ie. This study was funded by the Department of Justice, Equality and Law Reform. Core support is provided to Transparency International Ireland by the Joseph Rowntree Charitable Trust. 9 TRANSPARENCY INTERNATIONAL COUNTRY STUDY List of Acronyms and Abbreviations AG Attorney General, legal advisor to the Government BCI Broadcasting Commission of Ireland BCC Broadcasting Complaints Commission C&AG Comptroller and Auditor General Cathaoirleach Chair of either Seanad Éireann or a Local Authority CDB County Development Boards Ceann Comhairle Speaker or Chair of Dáil Éireann CEV Commission on Electronic Voting CPSA Commission for Public Service Appointments CDBs County/City Development Boards CAB Criminal Assets Bureau CPI Centre for Public Inquiry CPI Corruption Perceptions Index CPSA Commission for Public Service Appointments CSOs Civil Society Organisations CRO Company Registration Office Dáil Éireann Lower House of Parliament DPP Director of Public Prosecutions DIRT Deposit Interest Retention Tax FARC Revolutionary Armed Forces of Columbia FATF Financial Action Task Force FOI Freedom of Information Legislation GRECO Council of Europe anti-corruption body GRA Garda Representative Association GSA Government Supplies Agency Garda Síochána National Police Force IAS International Accounting Standards IAASA Irish Auditing and Accounting Supervisory Authority IBEC Irish Business and Employers Confederation ICTU Irish Congress of Trade Unions IFSRA Irish Financial Services Regulatory Authority IMF International Monetary Fund 10 TRANSPARENCY INTERNATIONAL COUNTRY STUDY IRA Irish Republican Army ISME Irish Small and Medium Enterprises Association Leas-Cathaoirleach Vice speaker
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