Wicklow County Council

Rank:

Overall Score:

40%

Population (2016):

142,425

Province:

Leinster

Area (sq km):

2,033

Website:

http://www.wicklow.ie

Transparency

Score:

The indicators in the Transparency category measure the local authority’s publication practices.

Are minutes of council proceedings provided online and in a timely manner?

✖

As of 25 January 2018, the latest meeting minutes were from May 2017

Source:

Council Websites

More info

Justification:

Schedule 10, Section 44 (14) of the Local Government Act 2001 stipulates that meeting minutes be made publicly available.

Publicly available minutes provide further transparency in council priorities and discussions. They should allow citizens to know the attendance of councillors at meetings, and to know which councillors vote for, against or abstain from important decisions.

Though TI Ireland assessed monthly council meetings for this indicator, the meeting minutes of Area Committee meetings and Strategic Policy Committee meetings should likewise be published. Ideally all Council meetings should be webcast.

To receive a point:

Though the law requires the local authorities to make meeting minutes available for public inspection at their local offices, TI Ireland believes local authorities should make the effort to facilitate the access of council meeting minutes to citizens by posting them online.

Monthly meeting minutes are typically approved as the first agenda item in the subsequent monthly meeting. As such, meeting minutes from the December meeting (or November, if no December meeting took place) must have been posted online by the time of checking (29 January 2018). Councils that posted full webcasts of the December meeting were also awarded a point.

Good practice example: Offaly County Council

Was the local authority’s approved annual budget and budget commentary for 2017 available online?

✖

There is no narrative explaining the budgeted expenditures

Source:

Council websites

More Info

Justification:

Budget transparency is critical for enabling the public to see that funds are being managed in their interests. In addition to the budget figures themselves, supporting commentary is also necessary to allow the public to understand the budget. The Organisation for Economic Co-operation and Development’s (OECD) ‘Best Practices for Budget Transparency’ states that ‘[t]he budget… should include a detailed commentary on each revenue and expenditure programme’ and budgets and budget-related reports should be made freely available on the internet.

To receive a point:

The local authority’s 2017 budget must be available on the local authority’s website, must be an approved (rather than draft) budget, and accompanied by a corresponding commentary explaining the expenditures. The approved 2017 budget must have been online by 11 July 2017, when the search was carried out.

Good practice example: Laois County Council

Does the local authority publish online a searchable database of past and current planning applications, with complete documentation for each application?

✖

TI Ireland researchers found multiple applications in which the planning application states that pre-planning consultations took place, but there are no corresponding reports included in the file.

Source:

Council websites

More info

Justification:

Section 38 of the Planning and Development Act, 2000 requires that, within three days of decision, information on planning applications (including retention applications and outline applications) be made available to the public. This includes ‘a copy of the planning application and of any particulars, evidence, environmental impact statement, other written study or further information received or obtained by the authority from the applicant … a copy of any submissions or observations’ and ‘a copy of any report prepared by or for the authority’. Section 247(5) of that Act which refers to pre-planning consultations, requires that ‘The planning authority shall keep a record in writing of any consultations under this section that relate to a proposed development, including the names of those who participated in the consultations, and a copy of such record shall be placed and kept with the documents to which any planning application in respect of the proposed development relates’.

Publishing all of the above items allows applicants and other interested parties access to planning applications and decisions. This allows for the comparison of decisions across applications and in turn provides greater pressure for fairness, consistency and accountability in the planning application and decision process.

To receive a point:

The local authority must provide online a comprehensive list or database that includes:

the location and description of the proposed plan
the applicant name
the date of application submission, decision and, if applicable, appeal decision
the status of application
copies of any corresponding submissions and objections (if applicable)
representations from elected council members (if applicable)
reports from any pre-planning consultations (if applicable)
statements outlining the reasons a manager has not followed the recommendation of the planning official (if applicable).

Though the law is satisfied by providing access to this information in person at the offices of the local authority, TI Ireland believes local authorities must make the effort to facilitate this access to citizens by posting this information online.

The list or database must provide all of the above points, where applicable, and where TI Ireland researchers found multiple instances of documents missing from files, no points were given.

Are written submissions and observations submitted by the public on city and/or county development plans published on the local authority’s website?

✔

See Link

Source:

Council websites

More info

Justification:

This indicator is directly taken from Planning Recommendation Number 5 of the Mahon Tribunal, which states that ‘submissions and observations received in the context of public consultation should be published on the relevant planning authority’s website as should the Manger’s Report drafted on the basis of any such submissions or observations’. This is critical for ensuring transparency and effective public consultation in the zoning process, and preventing the undue influence of any conflicting interests in the zoning process.

Section 12 of the Planning and Development Act 2000 requires that such manager’s reports be prepared, while the Mahon Tribunal recommends that local authorities go a step further by publishing these reports on their websites.

This should also be the practice for any variations to the development plan and for local development plans.

To receive a point:

With respect to the local authority’s development plan in place in September 2017, the local authority must have published in the ‘Development Plan’ section of its website:

submissions and observations to pre-plan drafting, draft development plans and any amendments of draft plans, or at least the name of each individual or organisation who has made a submission or observation, and a summary of that submission or observation; and
reports of the Manager/Chief Executive on the submissions and observations received.

Good practice example: Cork County Council

Are written motions submitted by Councillors on city and/or county development plans published on [the development plan pages of] the local authority’s website?

✖

No motions found on the development plan pages

Source:

Council Websites

More info

Justification:

This indicator is directly taken from Planning Recommendation Number 5 of the Mahon Tribunal, which states that ‘motions submitted when making the draft development plan or the development plan should be published on the relevant planning authority’s website’.

This is critical for ensuring transparency in the zoning process, and preventing conflicts of interest and undue influence in the process.

This should also be the practice for any variations to the development plan and for local development plans.

To receive a point:

With respect to the local authority’s development plan in place in September 2017, the local authority must have published in the ‘Development Plan’ section of its website:

motions submitted by elected members when making or amending the draft development plan.

Motions submitted by elected members when making the draft development plan or the development plan must be published in the same section of the website as the development plan itself, as citizens may otherwise be unable to find them in the minutes of the many meetings that take place throughout the two-year drafting process.

Good practice example: South Dublin County Council

Does the local authority publish on its website a list of all purchase orders raised for goods and services over €20,000, on a quarterly basis?

✔

See Link

Source:

Council websites

More info

Justification:

As set out in the Department of Public Expenditure and Reform’s Government Reform Plan of 2011, ‘Every Purchase Order by a Government Department or Agency for €20,000 or over should be published online’. Circular Fin 07/2012 informed all local authorities of their obligation to publish such purchase orders. This measure for transparency, as stated by the Department of Public Expenditure and Reform, is important for ‘opening up the expenditure of Departments to more effective financial scrutiny’.

To receive a point:

In line with the Department of Public Expenditure and Reform’s July 2016 Model Publication Scheme Guidance, the lists must be published on a quarterly (rather than annual) basis. They must also be posted online within six weeks following the end of a quarter, to receive points. TI Ireland carried out this search on 20 November 2017, with respect to Q3 lists.

The lists must include the supplier, cost and description of the purchase order.

Good practice example: Meath County Council

Does the local authority publish comprehensive information on its procurement process on its website?

✖

As of 11 December 2017, the is no information for users on contracts awarded

Source:

Council Websites

More info

Justification:

A number of 2016 Statutory Audit Reports from the Local Government Audit Service noted various instances in which local authorities did not carry out procurement processes that were compliant with proper tendering procedures.

Transparent procurement processes can help alleviate the risks of corruption, in particular by publishing all tenders (above the appropriate threshold) on the Office on Government Procurement’s online eTenders procurement platform, as well as the outcome of those tenders, i.e. contracts awarded. In order to ensure fair and transparent processes, it is also important that local authorities’ procurement policies are also placed on their websites.

To receive a point:

In line with the Department of Public Expenditure and Reform’s July 2016 Freedom of Information Model Publication Scheme, to receive points the local authority must publish on its website

their procurement policies
a link to all current tender competitions on the eTenders website
information on public contracts awarded including contract type, contractor, value, award date, duration and brief description

All three items must be on the local authority’s website. For the final item (information on contracts awarded) points were given if there was information directing users to eTenders for information on contracts awarded. TI Ireland welcomes efforts to provide this information in tabular form (Monaghan, South Dublin, Tipperary).

Good practice example: Tipperary County Council

Does the local authority periodically publish reports on councillor expenses and payments online?

✔

See Link

Source:

Council Websites

More info

Justification:

Publishing these reports online allows citizens to monitor these expenses, thus promoting accountability. Citizens can identify questionable claim amounts, cross-check for duplicate expense claims, compare against such spending in other local authorities, and also check payments against councillor meeting attendance.

To receive a point:

Although a local authority can comply with the law by maintaining a public register (Local Government Act 2001 Sections 142 and 143), it is reasonable to expect that local authorities will facilitate public access to this information by posting it online.

To receive points, the local authority must have published information on councillors’ 2016 expenses and payments by the date of TI Ireland’s search, on 20 November 2017.

TI Ireland has given points for reports published on an annual basis, but strongly encourages the local authorities to publish these reports on a quarterly basis.

Good practice example: Dublin City Council

Do the reports on councillor expenses and payments provide sufficient information?

✖

Councillor attendance is not included

Source:

Council websites

More Info

Justification:

Sections 142 and 143 of the Local Government Act 2001, Section 53 of the Local Government Reform Act 2014, and the corresponding Regulations, require that a public register of payments to Councillors be kept. As highlighted in Investigation Reports by the Standards in Public Office Commission in recent years, the claiming of expenses is a risk area for fraud and corruption.

Publishing these reports online allows citizens to monitor these expenses. This allows them to identify unusual claims patterns, cross-check for duplicate expense claims, compare against such spending in other local authorities, and also check payments against councillor attendance – but they can only do so if reports provide sufficient information.

To receive a point:

In line with the Regulations to Sections 142 and 143, ‘the register shall include in respect of each member’:

a record of attendance at meetings and (aa) at the municipal level
amount of payments
amount of annual allowance
payments to a Strategic Policy Committee Chair, Cathaoirleach and Leas-Chathaoirleach
conference, seminar and training, whether national or international, including events and amount.

Information on councillor payments must include standard allowances (such as annual allowance, mobile phone, stationary) as well as outside expenses (travel, meals). This information must be disaggregated by councillor and also disaggregated with respect to events and travel (by event and/or trip).

Good practice example: Clare County Council

T10

Are councillors’ Donation Statements published online?

✖

No statements found on the Council's website

Source:

Council websites

More Info

Justification:

Section 19E of the Local Elections (Disclosure of Donations and Expenditures) Act, 1999 as amended by Section 58(m) of the Electoral (Amendment) Act 2001, and Section 36 of the Electoral (Amendment) (Political Funding) Act 2012, requires, by January 31 each year, that councillors declare the value and source of any donations they receive during the preceding year that exceeded €600. This must be accompanied by a statutory declaration that the councillor has taken all reasonable steps to be assured of the statement’s accuracy.

Publishing these statements online promotes transparency in political funding, and in turn helps address potential conflicts of interest and prevent undue influence in decision-making.

To receive a point:

Local authorities must publish these declarations on their websites, including the source and amount of the donation. The declarations must have been published when TI Ireland researchers carried out the search on 16 August 2017.

Although the law is fulfilled by providing access to the statements in person at the offices of the local authority, TI Ireland believes that local authorities should facilitate public access to this information by posting it online.

Good practice example: Galway City Council

T11

Does the local authority publish information online on the Regulation of Lobbying Act 2015, including a complete list of its ‘Designated Public Officials’?

✔

See Link

Source:

Council websites

More Info

Justification:

The Regulation of Lobbying Act 2015 promotes greater transparency in the lobbying of public officials. These officials include the senior management of local authorities and their elected councillors. The Act also helps address corruption risks associated with planning and zoning decisions, amongst other areas.

Section 6(4) of the Regulation of Lobbying Act 2015 requires that local authorities publish a list of each of the authority’s ‘Designated Public Officials’ while the Standards in Public Office Commissions Requirements for Public Bodies states that ‘It is important, therefore, that the list of designated public officials is prominently displayed and easily found on the homepage of your organisation’s website. The page should also contain a link to the Register of Lobbying.’

To receive a point:

Local authorities must have posted a list of it’s the Designated Public Officials online. This webpage must explicitly note that Councillors are also designated public officials, and where to find further information (e.g. www.lobbying.ie).

As per Section 6(4) of the Regulation of Lobbying Act 2015, the Designated Public Officials list must include, for each designated official::

his/her name
his/her grade
brief details of his/her role and responsibilities

Good practice example: Cork City Council

T12

Does the local authority’s Chief Executive publish his/her diary?

✖

No diary found

Source:

Council websites

More Info

Justification:

The Department of Public Expenditure and Reform’s FOI Model Publication Scheme recommends the publication of ministerial diaries, which is a transparent way of communicating to the public the activities and meetings held by the management of public institutions. The Secretary General of the Department Public Expenditure and Reform and the Secretary General of the Department of the Taoiseach also publish their diaries, as an example.

Although local authority chief executives are not required to publish their diaries, this is a best practice in terms of transparency. These diaries provide transparency in terms of decision-making access and influence, and can also be a valuable resource for cross-checking against the www.lobbying.ie platform.

To receive a point:

The diary of the local authority’s Chief Executive for the previous month or quarter must be published on the local authority’s website.

Ideally, agendas of Directors of Services should also be posted online.

Accountability

Score:

The indicators in the Accountability category assess the measures the local authority has in place to promote accountability.

Does the local authority provide a confirmation of receipt of FOI requests within two weeks?

✔

Source:

FOI Responses

More info

Justification:

The right to freedom of information is enshrined in the Freedom of Information Act 2014. Freedom of information is critical for accountability and good governance. To uphold this right, FOI requests submitted to the local authorities should be addressed in a timely manner.

Section 12 of the Act stipulates that receipt of FOI requests be confirmed within two weeks of receipt of the request, with ‘week’ meaning a period of five consecutive weekdays.

To receive a point:

The local authority must have confirmed within the two-week timeframe TI Ireland’s FOI request. FOI requests were sent via email on the morning of 3 January 2018, so to receive a point, the local authority must have confirmed receipt of the request by 17 January 2018.

The exception is Cavan County Council – which required postal submission of the FOI request. As such, the request was received by registered mail on 5 January 2018 and confirmation was required by 19 January 2018.

Does the local authority provide a decision on FOI requests within four weeks?

✔

Source:

FOI Responses

More info

Justification:

Section 13 of the Act stipulates that decisions on FOI requests be made within four weeks of receipt of the request, with ‘week’ meaning a period of five consecutive weekdays.

To receive a point:

The local authority must have made a decision on TI Ireland’s FOI request within the four-week timeframe. FOI requests were sent via email on the morning of 3 January 2018, so to receive a point, the local authority must have responded by 31 January 2018.

The exception is Cavan County Council, which requires postal submission of the FOI request. As such, the request was received by registered mail on 5 January 2018 and a decision was required by 2 February 2018.

Does the local authority publish a comprehensive protected disclosures policy and procedures on its website?

✔

See Link

Source:

Council websites

More info

Justification:

It is important that employees have access to information on the protected disclosures process and protections. This should be provided online, rather than via an office intranet platform alone. This should lend assurance to employees and external stakeholders of their commitment to protecting workers making protected disclosures. It is also important that the procedures be placed online so that those without intranet access, such as contractors, have full access to and knowledge of the policies and procedures.

To receive a point:

The local authority’s website must contain its protected disclosures policy and procedures, and to be considered comprehensive it must include information on:

protections afforded
steps for reporting (including to whom the disclosure should be sent)
how the authority will respond

Good practice example: Limerick City and County Council

Does the local authority publish online its annual report on protected disclosures?

✔

See Link

Source:

Council websites

More info

Justification:

Section 22 of the Protected Disclosures Act 2014 requires that every public body prepare and publish an annual report on the immediately preceding year, with information on ‘(a) the number of protected disclosures made to the public body, (b) the action (if any) taken in response to those protected disclosures, and (c) such other information relating to those protected disclosures and the action taken as may be requested by the Minister from time to time’.

The report is an important method for ensuring protected disclosures are addressed in a timely and accountable manner.

To receive a point:

Some local authorities publish these annual reports on a January-December calendar-year basis. Others do so on July-June calendar year basis (in line with the commencement of the Protected Disclosures Act in July 2014). Points were given for either approach.

Reports for the 2016 (or 2016-2017) period must have been published by the time the search was carried out, on 8 August 2017. They must contain the number of reports and action(s) taken.

Section 22 states that public bodies must publish an annual report, but does not specify how. TI Ireland believes local authorities should make the effort to facilitate this access to citizens by posting this information online, whether within their annual report or in a dedicated section on its website.

Good practice example: Limerick City and County Council

Are the local authority’s audited financial statements published online?

✖

As of 18 January 2018, the 2016 report is unaudited, and there is no report posted for 2015

Source:

Council websites

More info

Justification:

Section 20(c) of the Local Government (Financial and Audit Procedures) Regulations 2014 states that local authorities ‘shall publish the … audited financial statement and report on its website’. These statements and reports – which contain information on the authorities’ financial management, standing, liabilities, deficits and expenditures, amongst other items - are an important mechanism for allowing citizen oversight and providing a greater means for accountability to citizens.

To receive a point:

The local authority must have published its 2016 audited financial statement by the time TI researchers carried out the search on 18 January 2018. Statements must be audited, rather than unaudited, in line with the regulations.

TI Ireland understands the often long timeframe for finalising the reports. Given that these regulations were published 30 May 2014, points were also given to the local authorities that had not yet published their 2016 reports, but had published online the annual audited financial statements from 2013, 2014 and 2015.

Good practice example: Donegal County Council

Does the internal audit unit enjoy full operational independence?

✔

Source:

Local Government Audit Service reports, council websites and FOI requests

More info

Justification:

A robust internal audit unit is critical for ensuring accountable and compliant use of public funds in local authorities. In order to effectively carry out its mandate, an internal audit unit needs full operational independence and freedom from influence or pressure. The Institute for Internal Auditors (IIA) notes that reporting to the CFO or Head of Finance may ‘stifle information that needs to flow to the audit committee’. The IIA maintains that the internal audit head should have a dual reporting relationship, reporting functionally to the board and administratively to the chief executive officer. In its Statutory Audit Reports, the Local Government Audit Service has also stated that ‘In line with recommended best practice, the Head of Internal Audit should report directly to the Chief Executive’. Indeed, they have stated, in cases where the internal audit unit is placed within the finance (or other) department, that ‘While the Internal Auditor has a direct reporting line to the Chief Executive … to enhance the independence of the role, it should be separate from all other sections within the Council’.

To receive a point:

Internal audit units must report directly to the Audit Committee and Chief Executive, not via a Head of Finance, a Director of Service, or any other local authority official. As stressed by the IIA, even reporting just for administrative purposes to someone other than the Chief Executive (such as the Head of Finance) still poses conflicts.

This also applies to the local authorities that outsource the internal audit function to private companies.

Did the local authority report that it has procedures in place to investigate alleged contraventions of Part 15 of the Local Government Act 2001 by councillors and relevant employees?

✖

No procedures shared

Source:

Emails to local authorities

More info

Justification:

Section 174 of the Local Government Act 2001 outlines the basic steps to be followed when an Ethics Registrar or Manager (as applicable) becomes aware of a possible contravention of Part 15 of the Act (‘Ethical Framework of the Local Government Service’). This involves reporting and investigating possible contraventions.

It is critical that there are clear, comprehensive investigative procedures in place that are required be followed to response to possible contraventions of Part 15 of the Act, thus ensuring fair, thorough and consistent investigations of any suspected breaches. Without such procedures, investigations can be haphazardly or incompletely carried out, and concluded without fully establishing the facts. This is particularly risky if a single person is tasked with the investigation, creating more room for pressuring the individual and/or allowing personal connections to override the needs or outcomes of the investigation. Such procedures can also be an important tool for holding individuals to account, when investigations are not carried out, or are not carried out in line with the procedures. The Standards in Public Office Commission, for example, publishes their investigation procedures on their website.

It its 2012 annual report, the Standards in Public Office Commission reported that ‘it is concerned that managers and cathaoirligh may be conducting investigations under section 174 in the absence of clearly defined procedures which protect the interests of all relevant persons… The Standards Commission is concerned that … alleged contraventions of Part 15 may not be adequately investigated due to the absence of proper procedures. It considers that such procedures should be adopted as a matter of urgency’.

To receive a point:

The local authority must have shown that it has detailed investigation procedures in place, to address possible contraventions of Part 15 of the Local Government Act 2001.

These investigation procedures are sometimes found in the councils’ Corruption and/or Fraud Alert Plans. Ideally, these plans should have procedures relating specifically to investigations of possible Part 15 contraventions, as recommended by SIPO, but any procedures regarding the investigation of fraud and corruption suffice to merit a point.

Was the local authority’s 2016 annual report published online?

✖

As of 25 July 2017, the latest report posted was from 2015.

Source:

Council websites

More info

Justification:

Section 221 of the Local Government Act 2001 requires local authorities to produce an annual report every year by June 30, for the preceding calendar year.

Annual reports are a means of reporting to citizens on the activities, objectives and impact of local authority work. As such, they are an important tool for citizens to monitor the commitments of local authorities, and ensure they are addressed.

To receive a point:

Section 221 of the Local Government Act 2001requires local authorities to prepare these reports by June 30 of the following year. Final (rather than draft) annual reports for 2016 must have been published online by the time TI Ireland carried out its search, on 25 July 2017.

TI Ireland believes that local authorities need to go beyond the legal requirement to make these reports available in their principal offices and local libraries, and instead to publish these reports online.

Good practice example: Longford County Council

Does the Council allow members of the public to attend its monthly meetings?

✔

Source:

Phone calls to local authorities

More info

Justification:

Section 45 of the Local Government Act, 2014 states that ‘members of the public and representatives of the media are entitled to be present at a meeting of a local authority’. Citizen attendance and observation of monthly meetings is a critical means for promoting transparency and accountability amongst elected bodies.

To receive a point:

The local authority must have reported to TI researchers that members of the public are allowed to attend monthly council meetings.

A10

Was the Council fully responsive to requests from the public (i.e. in this case TI Ireland)?

✖

Source:

Phone calls and emails to local authorities

More info

Justification:

Engagement of the public and responsiveness to their queries is an important means for promoting government accountability. Local authorities should take the steps to engage with the public and be responsive to their queries.

To receive a point:

To collect data for this index, TI Ireland sent a set of questions via email to the local authorities, and called the local authorities with a set of questions on ethics. To receive a point, the local authority must have responded to both sets of questions.

Ethics

Score:

The indicators in the Ethics category measure how prepared the local authority is to fulfil its duty to prevent unethical conduct.

Were the 2016 Registers of Interests for council members available online?

✔

See Link

Noting, however, that two declarations were missing two pages

Source:

Council websites

More info

Justification:

Section 171 of the Local Government Act 2001, and the corresponding 2015 Regulations, require councillors to furnish annual written declarations of their interests, such as properties or businesses, and including any gifts received worth more than €634.87. This is to ensure that councillors’ decisions are not influenced by any conflicting interest s/he may have. Councillors must recuse themselves from any deliberations or votes, should they have a personal interest at stake. This is particularly relevant considering the corruption risks in local authority decision-making on issues of planning and zoning.

Providing these registers online allows for citizens to play a part in testing the accuracy and completion of these declarations; applies pressure on councillors to correctly and completely fill out these forms, and to recuse themselves from deliberations or votes where s/he has a personal interest.

To receive a point:

The declarations must be available online and up-to-date, i.e. they should cover the year leading up to 2017. They must have been online when TI Ireland researchers carried out the search on 28 November 2017.

Though the law is satisfied by providing access to the registers in person at the offices of the local authority, TI Ireland believes local authorities must make the effort to facilitate this access to citizens by posting this information on line. Indeed, the Standards in Public Office Commission recommended in its 2008 Annual Report that, ‘as the register of interests is a public document of significant importance, it should be made available by each local authority on the internet in order to ensure widespread public awareness of the interests of local authority members and to enhance the standards of integrity and conduct required in the performance of local authority functions’.

Good practice example: Monaghan County Council

Does the local authority have a comprehensive up-to-date page within its website dedicated to ethics and/or governance?

✖

As of 2 August 2017, the Council did not have any such page

Source:

Council websites

More info

Justification:

Local authorities should provide a dedicated section on their websites where citizens can find information relating to issues of ethics and governance.

This should include not only local authority policies, procedures and documents relating to ethics and governance, but also relevant external documents, which interested citizens may not easily find themselves, or even know to look for. This includes the Councillor and Employee codes of conduct, and the Local Government Audit Service’s annual Statutory Audit Report for the local authority.

To receive a point:

There must be a page within the local authority’s website, under an ‘Ethics’ or ‘Governance’ or similar heading, containing or linking to the local authority’s ethics declarations, councillor expenses, donations statements, protected disclosures reports and information, lobbying information, information on how to submit a freedom of information request, and containing links to documents provided at the national level, such as the councillor and employee codes of conduct and Local Government Audit Service’s Statutory Audit Reports. TI Ireland recommends including all of the abovementioned items, and in order to be considered comprehensive, at least four of the above must be included.

The page should be found with no more than three clicks from homepage.

TI Ireland’s template for Local Authorities’ Ethics and Governance webpages can be found in the ‘Toolkit’ section of the NII webpages.

Good practice example: Dún Laoghaire–Rathdown County Council

Did the Local Authority report that its Ethics Registrar proactively reviews the completeness of ethics declarations filed in accordance with the Local Government Act 2001?

✔

Source:

Phone calls to local authorities

More info

Justification:

Section 171 of the Local Government Act 2001 requires councillors and relevant employees to furnish an annual written declaration of his/her interests, such as property or businesses, and including gifts received. This is to address the risk that their decisions might be influenced by any conflicting personal interests they may have.

Requiring interests and gifts to be declared helps promote accountability in local authorities. In line with their declarations, councillors and relevant employees must recuse themselves from any deliberations or votes, should they have a personal interest at stake. The declaration of gifts can also help prevent councillor or employee decisions being unduly influenced by a sense of obligation towards an individual or company who has provided high-value gifts or hospitality.

Reviewing the declarations increases the risk of detection of omission, whether intentional or unintentional. Otherwise, the effectiveness of the ethics declaration process is undermined.

Section 174 of the Local Government Act 2001 tasks the Ethics Registrar with the collection of the annual returns. TI Ireland believes that there should then be a systematic, rigorous review and verification process (see the NII Report’s recommendations). In the absence of the authority to do this (see the NII Report’s findings) the ethics registrars should at least ensure the declarations are complete. This will send the message that the declarations are taken seriously and are seen by the local authorities as an important tool for promoting and preserving the integrity of the authority.

To receive a point:

Section 174(5) of the Local Government Act, 2001 states that ‘Where the ethics registrar finds a minor error or omission in a declaration, he or she shall furnish to the person concerned particulars in writing of the error or omission, as the case may be, and the ethics registrar shall inform such person that he or she may correct the error or make good the omission...’

In order for local authorities to receive a point, they must have reported to TI Ireland researchers at least some step(s) to verify the contents of every declaration received. Local authorities that received points reported, for example, that ‘all declarations are checked and double-checked at point of submission for completeness and accuracy of declaration’, that ‘the Declarations are compared with previous year submission and any discrepancy identified is highlighted and referred back to the employee/councillor for clarification or amendment’, or that they one-by-one check each return for completion and go back to the relevant employee or councillor to correct any omissions.

Does the local authority maintain and publish summary data on reports received by the Ethics Registrar and/or Chief Executive, with respect to possible contraventions of Part 15 of the Local Government Act, 2001?

✖

Source:

Council websites

More info

Justification:

The local authority should provide summary information to the public on the activity of the Ethics Registrar, Chief Executive and Cathaoirleach, regarding cases of possible contraventions of Part 15 of the Local Government Act 2001, and the corresponding investigations and reports that are required by Section 174(8)(a) and (b). Providing summary information demonstrates a council’s commitment to tackle corruption and promote transparency and accountability.

The periodic update can take the form of a section in a local authority’s annual report, outlining which actions were taken under the plan, including investigations or disciplinary actions, and what the result was of those actions. These reports need not unduly expose individuals, as summary information can be provided, much like the annual protected disclosures reports that the local authorities are required to produce.

To receive a point:

Local authorities must have published in 2017 data on:

the number of possible Part 15 contraventions the Ethics Registrar, Chief Executive and/or Cathaoirleach became aware of
the number of complaints referred to the Chief Executive and/or Cathoairleach (as applicable)
the number of investigations initiated
any disciplinary actions carried out
the number of cases referred to appropriate external bodies

This can be either in a local authority’s annual report or in a stand-alone report on Ethics Registrar activity.

Did the local authority report that it has an up-to-date risk management or alert plan, addressing corruption and fraud risks?

✖

The local authority's plan is from 2005, and thus not considered up-to-date

Source:

Emails to local authorities

More info

Justification:

It is important that local authorities proactively take steps to prevent, detect and punish acts of fraud and corruption. This can be achieved by developing a corresponding, comprehensive corruption and fraud risk management or alert plan. As stated in the Value for Money Unit’s Internal Audit in Local Authorities report, any such plan should set out ‘the authority’s strategy to prevent fraud and/or corruption and the procedures to follow in the event of fraud and/or corruption being uncovered or suspected’. Given the evolving nature of corruption and fraud risks, these plans should be revised and updated on a periodic basis.

To receive a point:

The local authority must have reported that it has a comprehensive risk management or alert plan in place that explains the authority’s strategy to prevent fraud and/or corruption.

As noted in a Statutory Audit Report from the Local Government Audit Service in 2016, the Fraud Prevention and Contingency Plan of one local authority had not been updated since 2007 and should urgently be updated. As such, these plans must have been developed or updated within the past ten years in order to receive a point (though TI Ireland recommends updating much more regularly than every ten years).

Does the local authority publish online a risk management or alert plan, addressing corruption and fraud risks?

✖

Source:

Council websites

More info

Justification:

Publishing these plans online provides the public an opportunity to scrutinise these plans and also sends a strong message of sincerity to the community, with respect to the local authority’s integrity systems.

To receive a point:

The plan must be published in either the ‘publications’, ‘finance’ or any other clear and easy-to-find location on the local authority’s website. Ideally the local authority will have an Ethics and Governance page where this can be posted.

Good practice example: Roscommon County Council

Did the local authority report that it takes a proactive role in preventing employees from taking on certain positions in the private sector, whether during or following employment?

✖

Source:

Emails to local authorities

More info

Justification:

Conflicts of interest can arise when local government employees are simultaneously employed in the private sector, or when they take on roles in the private sector soon after public employment. This is underscored in section 159(5) of the Local Government Act 2001, and section 10 of its Code of Conduct for Employees.

As indicated in the Act, employees ‘shall not engage in any gainful occupation, other than as an employee of the local authority, to such an extent as to impair the performance of his or her duties as an employee of the local authority, or in any occupation which might conflict with the interests of the local authority…’

Furthermore, as indicated in the Code of Conduct, relevant employees ‘shall not, within twelve months of resignation or retirement, accept an offer of employment or consultancy engagement where the nature and terms are such that the question of a conflict of interest could arise without obtaining the approval of the appropriate authority’. This is important because, as emphasised by the Organisation for Economic Co-operation and Development (OECD) ‘When officials leave public office – either permanently or temporarily – to work in the private or non-profit sectors … concerns of impropriety (such as the misuse of ‘insider information’ and position) can put trust in the public service at risk’.

To receive a point:

The local authority must have reported steps that it takes to enforce section 159(5) of the Local Government Act 2001, and section 10 of its Code of Conduct for Employees, with regard to undue simultaneous and post-employment positions in the private sector.

Did the local authority report that it proactively informs individuals of their obligations under the Regulation of Lobbying Act?

✖

Source:

Phone calls/emails to local authorities

More info

Justification:

The Regulation of Lobbying Act 2015 is an important measure aimed at promoting greater transparency in the lobbying of public authorities, including local authority officials and councillors. It is important that this legislation is understood by lobbyists, potential lobbyists, councillors and local authority employees, in order for the Act to be effective.

The Standards in Public Office Commission’s www.lobbying.ie website provides a platform for lobbyists to register their activities, including their lobbying of local authority ‘designated public officials’ and councillors. Declarations must be made three times a year.

The local authorities have a shared responsibility in ensuring that the platform is used and that all activity that qualifies as lobbying of local authority officials and councillors is indeed registered on the site.

To receive a point:

Local authorities must take some step(s) to ensure lobbyists, employees and councillors are aware of their obligations.

The steps reported by the local authorities who received points included:

placing signage at the entrance to the County Hall advising the public of the Lobbying Act
requiring designated public officials to include riders in their signatures denoting them as such
periodic presentations to staff and councillors on lobbying requirements
requiring Designated Public Officials (DPOs) to advise members of the public prior to the start of any meetings that they could be considered lobbying, that they are DPOs and that meeting attendees should inform themselves of the Lobbying Act
periodic dissemination of policy documents and/or circulars on lobbying requirements

NII - Local Authorities 2018

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Wicklow County Council

Transparency

Accountability

Ethics