Emer Higgins
Dublin Mid-West · Fine Gael · Ireland
“With regard to the background, and as the Senator has touched on, this project was designed on the basis of a 30-year operational lease, with the primary objective of delivering value for money over the lifetime of that lease.”
“Regarding the specific situation in Castlebar that the Senator has raised, Tusla has indicated that following careful consideration, including extensive negotiations, which he referred to, and legal mediation with the developers, it was unable to reach an agreement.”
“They came forward, often at enormous personal cost, and continued to seek answers and accountability when the very systems that should have protected them had failed. For many survivors of child sexual abuse, the abuse does not end when it stops.”
“The strongest projects are those that invest in feasibility studies, site assessments, stakeholder engagement and detailed design from the outset, because decisions made at the earliest stage often have the greatest impact on cost, quality and operational performance.”
“As a result, it made a significant uplift on its original offer. The additional increase sought could not be justified, however, when benchmarked against comparable projects across both Tusla and the HSE. That comes back to the value-for-money argument.”
“Justice Michael White for their significant work and acknowledge how deeply distressing the findings are. They reveal repeated missed opportunities, ignored warning signs and systemic failures that allowed abuse to occur over many years. Children who should have been protected were instead left vulnerable.”
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“I thank Deputy Byrne for raising this important matter. It is timely that we are discussing it a couple of days in advance of Culture Night. I also thank the Deputy for his obvious passion for this subject matter and the active role he plays in the amateur arts world in his community. Ireland is renowned for producing world-class art, both amateur and professional. That is why it is this Government's ambition that we continue to do that into the future. The Government places significant value on culture and the arts sector. That is why it is distinctly called out in the programme for Government. We recognised in the programme for Government that they are essential to a well-rounded society, providing opportunities for education, expression and community engagement. I hope we will achieve that over the lifetime of this Government.”
“One of the key recommendations is to develop an arts capital and equipment programme for investment in local and community arts of a similar scale and structure as its sports capital and equipment programme. As part of that, we will look at the feasibility of a minor capital works scheme under the Arts Council.”
“The Deputy will also be aware of the ongoing review by the expert review group, which is under way and is being chaired by Professor Niamh Brennan. The Minister looks forward, as I am sure does the Deputy, to receiving that report and to any recommendations she makes when the review is completed before considering the next steps in regard to the Arts Council. The Minister asked me to assure the Deputy that he has reviewed the Oireachtas committee's report, The Development of Local and Community Arts, published in July 2024.”
“Within the Department of culture, there are a number of measures in place to support the arts at amateur and professional levels. They include annual funding for Comhaltas Ceoltóirí Éireann; the music capital scheme, which provides funding for the purchase of musical instruments; the small-scale local festivals and summer schools scheme designed to support local cultural festivals and summer schools; and Creative Ireland programme funding to support a wide range of creative projects nationally. Notwithstanding the existing supports, I am sure the Deputy is aware of the intention of the Minister, Deputy O'Donovan, to widen the range of art forms and organisations supported by the Arts Council, something the Deputy himself recommended in the committee. That is particular to community and other groups.”
“In its most recently published music policy, Advancing Music: Music Policy and Strategy, the Arts Council's music, opera and theatre teams are working together on the development of a new approach for the support of music theatre and musical theatre artists and organisations. Additionally, a network of cultural infrastructure exists throughout the country with the majority in the ownership of local authorities. Annual support, including programming and revenue supports, is provided to these arts centres by local authorities and the Arts Council. The Department provides capital grant funding to assist development and to maintain these arts and cultural facilities. These arts centres are where amateur and professional artists and audiences meet and this is a key part of the Arts Council's strategy of investing in public engagement.”
“They are an example of the non-commercial, professional theatre production that happens in Ireland. We want to support artistic excellence in the standard of practice and level of ambition. The Arts Council invests funding in a range of art forms and developmental projects, including Creative Schools, Creative Places, Creative Europe and Culture Night. As we all know, Culture Night takes place this Friday. One example of what will happen is that, in collaboration with RTÉ, opportunities are being created for artists at all levels. Details of all these programmes are available on the Arts Council's website. I encourage everyone to enjoy Culture Night this Friday.”
“Under the Arts Act 2003, the Arts Council has primary responsibility for the development of the arts in Ireland and budget 2025 provided record funding of €140 million for the Arts Council. I appreciate what the Deputy says, which is that funding needs to be channelled through a structured stream to the groups that support, govern and develop the arts, namely, the groups on the ground. Notwithstanding that, the Arts Council recognises the value and the distinctive role amateur arts practice plays, its important contribution to the vitality of the arts in Ireland, and its many societal benefits. I know Deputy Byrne is an active member of his local theatre group, and he commended and complimented the groups that are active on the ground in his area.”
“I thank the Deputy very much for raising this issue. The Government places great value on culture and the arts sector. As outlined in the programme for Government, we recognise that they are essential to a well-rounded society, providing opportunities for education, expression and community engagement. Deputy Byrne gave a very interesting statistic, for the want of a better word, when he said that, after the GAA, this is the largest voluntary movement in Ireland. It is fantastic to have that said and acknowledged here on the floor of the Dáil. I thank everybody who volunteers their time, talents and efforts for that cause. I know Deputy Byrne does a lot of that himself, and I acknowledge that too.”
“That is reflected in the Constitution, Article 41 in particular. It is important to be aware that any changes to the CAT regime would be considered in the context of various competing demands on the public finances and budget 2026 but we will take on board some of what the Deputy said in his initial contribution. I really hope that the information provided here is of use to him, his office and his constituents.”
“I thank the Deputy for his constructive engagement on this. I really hope the information that has been provided on the record of the Dáil tonight is of use to his constituents and many other of our constituents, too. Just to clarify and confirm, the Minister for Finance and his Department are satisfied to the constitutionality of the existing CAT legislation. This matter was considered earlier this year by the tax strategy group. It noted in its capital taxes paper that Ireland was not unique in providing a distinction as to how children were treated for inheritance tax purposes compared with nieces, nephews and siblings. There has been a long-standing differentiation between direct familial relationships and more distant relationships maintained in the Irish legal system since the foundation of the State.”
“Qualifying nieces or nephews are those who have worked substantially on a full-time basis for a period of five years prior to the gift or inheritance being given in carrying on, or assisting in the carrying on, of a trade, business or profession. A number of other exemptions and reliefs are available, including the small gift exemption and agricultural and business relief. In conclusion, I note that the existing CAT regime, as with all legislation, was created with the benefit of advice from the Attorney General. As a result of this, all legislation in this situation enjoys the presumption of constitutionality unless the courts find otherwise. The Minister assures me that he is not of the view that the current CAT regime is unconstitutional.”
“To quality for the exemption, the inherited property must have been the disponer’s principal private residence at the date of his or her death. The beneficiary must also have lived in the house for three years prior to the date of the inheritance and must continue to live in the house for six years after that date. In addition, the beneficiary must not have a beneficial interest in any other residential property. Detailed guidance on the dwelling house exemption is published on the Revenue website. In addition, nieces or nephews of that disponer may qualify for favourite niece or favourite nephew relief in respect of gifts or inheritances of business assets. The relief allows a niece or nephew who qualifies for the relief to avail of the group A threshold.”
“In the past year, there has been a focus brought to the group B threshold and access by disponers who are single or childless to their beneficiaries benefiting from the group A threshold. Ireland is not unique in providing a distinction in relation to how children are treated for inheritance tax purposes compared with nephews, nieces and siblings. There are a number of exemptions and reliefs from this tax that may apply, depending on the circumstances of the case, some of which do not require that any specific family relationship applies. One such exemption is the dwelling house exemption. Where a person takes an inheritance of a dwelling house, that person may be able to avail of the dwelling house exemption. I know the Deputy cited that in one of the examples from one of his constituents.”
“The group A threshold, which is currently €400,000, applies where the beneficiary is a child of the disponer. For clarity, it is useful to note that the definition of children for CAT purposes includes any stepchildren, adopted children or certain foster children. Any of those can avail of the group A threshold in respect of gifts or inheritances received from that disponer. The group B threshold, which is currently €40,000, applies where the beneficiary is a brother, sister, nephew, niece or lineal ancestor or lineal descendant, such as a grandchild, of the disponer. The group C threshold, which is currently €20,000, applies in all other cases. Where a person receives gifts or inheritances that are in excess of the relevant tax-free threshold, capital acquisitions tax at a rate of 33% applies on the excess benefit.”
“I thank the Deputy for raising this matter in the House today. As he is aware, capital acquisitions tax is a tax on inheritances or gifts on an amount over a particular tax-free threshold. It is a beneficiary-orientated tax, which means it is payable by the recipient of the gift or inheritance as opposed to the person providing that gift or inheritance. Capital acquisitions tax, CAT, plays an important role in ensuring we maintain a broad tax base and it raised €854 million last year. For CAT purposes, the relationship between the person giving a gift or inheritance, the disponer, and the person who receives it, the beneficiary, determines the maximum amount, known as the group threshold, below which CAT does not arise. The Finance Act 2024 increased each threshold and the estimated cost was €88 million annually.”
“If it happened yesterday, it would not be quick enough for the Deputy, and I understand that because it is all about delivery and progress. I can assure the House that there will be further intensive discussions on this in the coming weeks and that the next steps for Cork city will be announced in the very near future. I will ask the Taoiseach to keep Deputy Burke fully up to date on that.”
“The approach of the Dublin city task force and the roadmap for delivery provides a very good example of how State agencies and key stakeholders can work together to plot a course for a city's rejuvenation. As the Deputy mentioned, inclusiveness is a huge part of this. He spoke about how he was part of the initiative that brought together the city council, chambers of commerce, businesses and community organisations. That combination of the right people around the table bred the success of Ringaskiddy. We want to build on this in line with the programme for Government commitment but we also want to take a fresh approach for Cork city. As I said in the opening statement, it is important that we get the terms of reference and the focus right. I understand the Deputy’s frustration around timelines.”
“I thank the Deputy for his observations and his support for the desire to work together on the rejuvenation of Cork city to make it a better place to live, work and experience its wonderful culture. The people of Cork have an immense and justifiable pride in their beautiful city but even the proudest Corkonian will admit there are a number of areas where we could do better to enhance the city's vibrancy and vitality, and the Deputy has listed some of them. There is no doubt that the growing population in Cork presents both challenges and opportunities. We need to tackle vacancy and dereliction, and we need to make sure that Cork's streets are vibrant, as well as safe and clean. The ingenuity of Cork people is recognised throughout this country, and no one should doubt their ability to lead the way in making the city the best it can be.”
“This is about how we sustain business, invest in the public realm, make our streets safer and get more people living in the centre, right in the heart of things. The joined-up thinking of a task force, bringing together relevant agencies and local expertise from different sectors, would be of great benefit in galvanising our collective efforts. I fully agree with the Deputy about this being needed. However, it is important that we get the terms of reference and the focus right. With that in mind, the Taoiseach has been in discussion with the chief executive of Cork City Council on how best to go about this, and he has asked officials in his Department to further consider the optimum approach in consultation with officials in Cork City Council. The outcome of these deliberations will be finalised and announced in due course.”
“Cork city’s potential is fully recognised in its current development plan, which sets out how the city will grow and develop until 2028. The strategic vision is for Cork city to take its place as a world-class city, driving local and regional growth, and embracing diversity and inclusiveness. Intrinsic to this is Cork’s wealth of heritage assets and cultural amenities, which need to be invested in and protected. Other priorities for investment include large-scale regeneration projects in the Cork docklands and in Tivoli, and the development of a much-enhanced, citywide public transport system. I can assure the Deputy that the Government is not lacking in plans or vision for Cork city. The modern idea of a city is changing and there is an onus on us all to reimagine Cork city centre in that context.”
“As part of this, the Government has also undertaken to apply this task force model to other cities, towns and regions in need of revitalisation, starting with a task force for Cork city. We remain committed to this, acknowledging that Cork city faces many of the same challenges as Dublin, particularly around policing and safety, dereliction and cleanliness. With Deputy Burke and other representatives, I met with Cork Chamber of Commerce earlier this year. It was very clear that Cork city needed investment. The day centre that Deputy Burke spoke about in his contribution was referenced at that meeting. I know it is something the Deputy has advocated and campaigned for over a long period. Cork city’s unique character and potential as our second city will, however, demand a tailored response.”
“That is why, in May 2024, the Government appointed the Dublin city task force, chaired by David McRedmond, to take a holistic view of the measures required to rejuvenate Dublin city centre, north and south. The aim is to make Dublin city centre a more thriving, attractive and safe cityscape, and a desirable location to live, work, do business and visit. As Deputy Burke said, the Dublin city task force took an evidence-informed approach and made a series of recommendations. A roadmap for delivery of the task force report was published in June 2025. These actions reflect the programme for Government commitment to implementing the recommendations of the Dublin city task force.”
“I thank the Deputy for raising this very important matter, not just for his own city but for all of us across Ireland. As Ireland’s second city, Cork occupies a very important position in the economic, social and cultural life of the nation. I would go so far as to say that Ireland’s overall success is closely bound to the success of Cork city. The Government is very aware of the challenges faced by our urban areas, such as Cork city, particularly in the wake of Covid. During Covid, we saw reduced footfall, changed retail habits, increased vacancy and dereliction, all of which led to a perceived sense of our towns and cities being less safe than before. It is fair to say that our capital city has demonstrated the worst effects of this in recent years.”
“I think the earlier confirmation of new special classes and special schools will be key to ensuring that parents of children with additional needs can expect to have clarity when it comes to school places at the same time as parents of children attending mainstream schools. All of us in this Chamber will be monitoring the progress being made on the common application trial and the development of the new education therapy service. I ask Members to continue to monitor this and to continue to look at and advocate for this issue, as so many people did here so passionately tonight. I ask the House to support the Government's countermotion.”
“In conclusion, while I fully appreciate the valid frustrations outlined here, I do not believe the motion from the Opposition takes account of the progress made to date and the ongoing commitment of the Department of education and the NCSE, which are working with schools to deliver an education system of the highest quality, one where every child and young person feels valued and is actively supported and nurtured to reach their full potential. The Minister of State, Deputy Moynihan, provided a detailed update in his contribution on the special education places for this school year and the work under way in terms of forward planning for the next school year also. We have so much work to do to address the challenges facing the parents of children with additional needs and those children themselves.”
“It is expected that the recruitment of therapists for this service will be initiated in the coming months of quarter four of this year. I know this new service when introduced will have the potential to have a really positive impact on the lives of children and young people with special educational needs and their families. I look forward to tracking the progress being made in the development of this important new service.”
“A number of these initiatives, funding measures and supports are ensuring the continued growth and expansion of this programme. For example, the hot school meals programme, which was introduced this year, supports schools running the summer programme. One of the most eagerly anticipated developments in the area of special education is the plan to develop a new education therapy service for schools. Many Deputies referred to it today. The new service being developed by the Department of education and the NCSE will commence in special schools and will subsequently extend to schools with special classes and mainstream provision. It is intended this new service will be rolled out on a phased basis in some special schools at a later stage in this 2025-2026 school year, with a wider roll-out for the next school of 2026-2027.”
“This represents a 23% increase in special education teacher numbers and a 43% increase in SNA numbers since 2020. Some 15,000 of these special education teachers work to support students attending mainstream classes. The Minister, Deputy McEntee, and the Minister of State, Deputy Moynihan, are committed to securing additional funding for further teacher and SNA supports for students in the upcoming budget. One programme and support much welcomed by the parents of children with complex special education needs is the summer programme. I am happy to report this important programme continued to expand, with a 52% increase in school participation since 2022. Over 1,900 schools took part in the programme this summer. I was delighted to visit one in my local area and see the fantastic work being done with children.”
“Based on this, the NCSE carried out structural changes, including an increase, from 73 to 120, in the number of special educational needs organisers, SENOs, recruited by the NCSE. They are now operating on a county basis, which has allowed for an integrated community-based service conducive to the development of key relationships between NCSE staff, parents and schools when it comes to the provision of services for children and students. I am really happy to see that there are 27 SENOs and 14 managers working across Dublin to support parents and schools. The sole role of special education teachers and special needs assistants allocated to schools is to support students with special educational needs. For the start of this school year, close to 21,000 special education teachers and over 23,000 SNAs have been allocated to our schools.”
“A separate trial across primary schools, supported by the NCSE, is happening in Dublin 15 for admission to special classes and is continuing for the next school year. I understand more schools have now joined the pilot. I encourage all schools in Dublin 15 with special classes to join the pilot. The Minister, Deputy McEntee, and the Minister of State, Deputy Moynihan, are very keen to see the additional funding and staffing allocated to the NCSE result in improved support for parents and schools at local level. Following the provision of an additional €30 million in 2023, the expansion of the service in the NCSE has undergone transformational change. This commenced with a workforce planning study which examined the various roles and responsibilities in the organisation.”
“The Government is committed to introducing a common application procedure for school admissions, and I am happy that the new pilot facilitating a single online application for schools is progressing well. Families who need a special class place or mainstream place at post-primary level for the next school year, 2026-27, in Athenry, Celbridge, Clonakilty, Greystones, Tullamore and Killina will be able to apply online using a single application form as part of a pilot project to streamline the admissions process. This pilot is a first step towards a national common application system. It will be a game-changer for families, especially those who have children with special educational needs.”
“This plan will optimise outputs from the national development plan allocation, with a strong focus on maximising school capacity, progressing priority projects where local capacity across schools in the area is deemed insufficient, and ensuring that what is provided is affordable, provides value for money and meets the functional needs of our children and society. As Deputies, we constantly hear of the challenges faced by families who have received multiple refusal letters as they apply for admission to special classes or schools for a child with additional needs. We need to make the admissions process much simpler and fairer for families. The earlier confirmation of new special class and school provision will be a key element of this.”
“In July, the Government announced a capital allocation of €7.556 billion for the Department of Education and Youth for the period 2026 to 2030 under the new national development plan. As part of this NDP allocation, the Department will place a strong emphasis on provision for children with special educational needs, with a particular focus on meeting annual school place needs. We know it is a problem every year. The Department is preparing an NDP plan which is due for publication later in the autumn.”
“I welcome the focus of Department and NCSE on those remaining medium and larger primary and post-primary schools with no or just one special class opening new special classes for the next school year. It is important that all schools play their part when it comes to opening new special classes and that it is not left to some schools to open multiple special classes. We need a geographic spread. While the Minister of State, Deputy Moynihan, focused on the issue of special classes and school places in his contribution, I will speak to some of the other issues relating to the provision of special education. Ensuring strong delivery of additional school accommodation for special education is a key priority for the Government.”
“Like so many others, I look forward to seeing the progress being made by the Department of Education and Youth and NCSE in working towards delivering new special classes and special school places for the next school year, that is, 2026-27, and having that confirmed by the end of this calendar year. It will be welcome to have clarity much earlier on. As a Dublin-based TD, I welcome the provision of the 103 new special classes across schools in Dublin this year. That brings the overall number of special classes to 705. I also welcome the significant increase in the provision of special school places for Dublin in this school year. I look forward to the new Lucan Community Special School opening for 30 students in the next month.”
“I am happy to provide a response from my colleague, the Minister for Education and Youth, Deputy Helen McEntee, and to contribute on behalf of the Government to the debate on special education. As a public representative, I meet many parents of children with additional needs who experience huge challenges in securing appropriate places for their children. They should not have to deal with that level of additional stress in their lives. We need to do more and do better to ensure families have much earlier clarity on school places in their local areas. My colleague, the Minister of State, Deputy Moynihan, has been very clear that this is his number one priority as Minister for special education and inclusion. It is also a key priority for the Minister, Deputy McEntee.”
“It is rather technical legislation, but it is important and necessary. It is important from a public governance reform perspective and because it reduces the regulatory burden on businesses and citizens. It is also important because it aligns our legal system with contemporary realities. It will also ensure that our Statute Book is significantly more modern and will enhance public accessibility to the laws that govern our people as they go about their business in their daily lives. I am very pleased to have been able to take this Bill through the House on behalf of all of those who worked to bring it to this point.”
“I thank everybody who has worked on this Bill. An awful lot of work went into this and it has been ongoing for a number of years. I thank all of the officials in the Department who have worked on it, as well as officials in the Law Reform Commission, who have given a lot of their time. Blood, sweat and tears went into this. It has been a huge insight into history as well. It is really nice that we have been able to capture a lot of those historical and interesting times in the Seanad and the Dáil. Many of Members are particularly interested in seeing laws that pertain to their own constituency or county. It has been a real trip down memory lane. I particularly thank Senator Victor Boyhan for his work on the amendments to the Bill, the Genealogical Society of Ireland and, as I have said, my officials.”
“The amendments in group 3 are minor technical amendments. Amendment No. 5 substitutes "Department" with "Minister" in Schedule 1, Part 2 on page 9. Amendment No. 6 substitutes "Department of" with "Minister for" in Schedule 1, Part 2, on page 10. Again, all the amendments in group 3 are minor technical amendments and do not fundamentally change this Bill at all. I hope we can agree to them.”
“I thank my officials and officials from the Law Reform Commission for their engagement on this issue. I hope this is to the satisfaction of Senators here.”
“The amendments in group 2 relate to the removal of the 1685 order from Schedule 1, instruments to be retained. These amendments follow on from Committee Stage in the Seanad and very constructive engagement with Senator Boyhan, the Genealogical Society of Ireland and the Office of the Chief Herald in the National Library. Amendment No. 2 removes the 1685 order from Schedule 1, instruments to be retained, and amendment No. 7 inserts the order into Schedule 2, instruments to be revoked. These are minor technical amendments that do not fundamentally change the Bill but it is really important to say that they are an example of what happens when we listen to what is said in this Chamber, when views are articulated in a very clear and persuasive manner and when collaboration happens outside this Chamber.”
“I am delighted to have the opportunity to bring this Bill back to the Seanad where it was initiated. This Bill is the latest in a long series of measures enacted to modernise and improve public accessibility of the Statute Book and secondary legislation. It is vital that laws and regulations in Ireland are fit for purpose and regularly reviewed and updated. The amendments in group 1 are minor technical amendments and reflect recent changes to ministerial titles. Amendments Nos. 1 and 3 update the ministerial titles in section 1 and Schedule 1 to the new title of the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation and amendment No. 4 updates the second ministerial title in Schedule 1 to the new title of the Minister for Enterprise, Tourism and Employment.”
“The principal purpose of the Bill has been to a large extent addressed by the State litigation principles and the 2025 programme for Government commitment to update the ethics in public office legislation that addresses additional elements of the Bill. I have outlined serious concerns with the Bill in terms of legal professional privilege in respect of Oireachtas business, which may cause the disclosure of very sensitive legal advice by the State in a manner that may leave legislation more vulnerable to litigation challenge. For this reason, the Government opposes the Bill as it would seriously undermine the work of the Attorney General and, by extension, the work of the Government, which the Attorney General is constitutionally charged with advising. I have copies of my speech that I will circulate.”
“However, removing the privilege for this kind of advice may lead to the revelation of possible legal risks or vulnerabilities that could be leveraged in actions against the State or could see strands of costly litigation against the State seeking to exploit potential legal vulnerabilities, which would not be in the public interest. This Private Members' Bill seeks to adjust the ethics regime by providing that the reference to an officeholder in the context of codes of conduct is deemed to include an Attorney General who is not a Member of the Oireachtas. Consideration of this matter will fall under the overall update of the ethics Act, which is a programme for Government commitment that is ongoing.”
“In terms of legal professional privilege, the Government, as a client of the Attorney General, is in receipt of advice and is entitled to the same professional privilege as any other client in receipt of legal advice. The Attorney General in his or her advices will often draw attention to risks or legal vulnerabilities with a policy proposal or Bill. As Deputies would expect, every effort is always made in the development of policies and legislation to remove or reduce to a minimum the extent to which the State and the taxpayer may be exposed to risk and litigation.”
“I thank the speakers who have contributed. We all agree that the State should act in the public interest, broadly construed, in pursuing litigation and should consider the broader public interest before taking certain procedural steps in litigation. This is the reason the Government approved the adoption of State litigation principles two years ago. They serve as guidelines in the conduct of litigation by the State. The 15 litigation principles inform how the State views public interest in the context of litigation. The litigation principles provide a more suitable approach for the State rather than an overtly prescriptive and inflexible statutory rule that carries with it the risk of damage to the State's ability to litigate properly in the public interest.”
“The principal purpose of the Bill has been to a large extent addressed by the State litigation principles, and the 2025 programme for Government commitment to update the ethics in public office legislation addresses additional elements of the Bill. I have outlined serious issues with the Bill in terms of legal professional privilege in relation to Oireachtas business, which may cause the disclosure of significant volumes of very sensitive legal advice by the State in a manner which may leave legislation more vulnerable to challenge in litigation. After careful consideration, the Government has decided it will oppose this Bill as it would seriously undermine the work of the Attorney General and, by extension, the work of the Government which the Attorney General is constitutionally charged with advising.”
“While the legislation provides for codes of conduct to be made in respect of Oireachtas Members, officeholders, directors and employees of public bodies, an Attorney General who is not also a Member of the Oireachtas is not covered by a code of conduct. The Private Members' Bill before us seeks to adjust this by providing that the reference to an "office holder" in this context is deemed to include an Attorney General who is not a Member of the Oireachtas. Consideration of this matter would fall under the overall update of the ethics Acts, which, as the Deputy said, is a programme for Government commitment. That is something that is happening now and is an ongoing review.”
“As one would expect, the Attorney General must fulfil the tax clearance requirements for appointment to the office. The ethics Acts also provide for the making of codes of conduct. These codes are designed to indicate the standards of conduct and integrity for the persons to whom the code relates in the performance of their functions and in relation to any matter connected with or affecting, or likely or appearing to affect, their performance. As the legislation is currently framed, the manner in which the ethics Acts apply to the Attorney General depends on whether the Attorney General is a Member of the Houses of the Oireachtas or not.”
“For example, the Attorney General makes a statement of registerable interests on an annual basis, and this statement is furnished to the Taoiseach and the Standards in Public Office Commission. This statement sets out the interests of the Attorney General, as well as of their spouse, child or civil partner, which could materially influence the performance of the Attorney General’s official functions. In addition, the Attorney General must make ad hoc statements where a function falls to be performed and he or she has actual knowledge that he or she or a connected person has a material interest in a matter to which the function relates. The statement must be furnished to the Taoiseach and SIPO, and must describe the nature of the interest.”