As I mentioned in a previous article the Clerk of the Seanad has rejected my complaint regarding bribery claims by Labour Senator Denis Landy on the grounds that I did not make a complaint against a specific member of the Senate.
During my research compiling a new complaint I came across a code of conduct for members of Seanad Eireann on the Standards in Public Office (SIPO) website.
Delighted with this new information I rang SIPO to enquire about the procedure for making a complaint.
Sorry, Mr. Sheridan, we only deal with complaints against office holders. We cannot accept a complaint against an ordinary member of the Dail or Senate.
So why is this code of conduct published on your website?
Oh that’s just to inform citizens that such a code exists but it has nothing to do with us.
So what authority does a citizen submit a complaint to for breach of this code?
The Clerk of the Seanad or Dail.
So here I am again – back at the start of yet another circle.
I have now submitted two complaints to the Clerk of the Seanad specifically against Senator Landy (See full complaints below).
The first complaint is made under the Ethics in Public Office Acts 1995 and 2001, Section 8 (2) and is centred on the fact that Senator Landy did not report the bribery allegation to the relevant authorities and that he has refused to reveal the identity of the person alleged to have offered the bribe.
The second complaint is made under the Code of Conduct for Members of Seanad Eireann, specifically under sections 1, 2, 3(i) and 3(ii) which states.
Members must interact with authorities involved with public administration and the enforcement of the law in a manner which is consistent with their roles as public representatives and legislators.
Complaints to Clerk of the Seanad.
15 August 2013
For attention of: The Clerk of the Seanad.
This is a formal complaint made under the Ethics in Public Office Acts 1995 and 2001, Section 8 (2) regarding a reported incident that occurred within the Houses of the Oireachtas on a date between the 1st and 19 July 2013.
The incident concerns a claim by Labour Senator Denis Landy that he was offered a plush holiday to coincide with a series of votes on the referendum to abolish the Seanad.
Senator Landy is reported as saying:
I was approached by an individual in Leinster House and offered flights and a stay in a top hotel in New York should I go missing during this week.
Senator Landy expressed the opinion that the offer was made in an attempt to defeat the Government.
According to the report Senator Landy has refused to name the person who approached him but he did describe the person as a political figure.
The incident was first reported in the Sunday Independent on 21 July 2013. I have included the complete report below.
My complaint against Senator Landy is that he has failed to report this incident to the relevant authorities. He has also refused to reveal the identity of the person alleged to have offered the bribe.
I base my complaint on the Ethics in Public Office Acts 1995 and 2001, Section 8 (2) and specifically on the words “or done a specific act” contained in the legislation.
Senator Landy’s failure to report allegations of a serious crime to the relevant authorities is a specific act of omission.
Senator Landy’s refusal to reveal the identity of the person alleged to have offered the bribe is also a specific act.
Yours Sincerely
Anthony Sheridan
15 August 2013
For attention of: Clerk of the Seanad.
This is a formal complaint against Senator Denis Landy for breaches of the Code of Conduct for Members of Seanad Eireann.
The incident concerns a claim by Labour Senator Denis Landy that he was offered a plush holiday to coincide with a series of votes on the referendum to abolish the Seanad.
Senator Landy is reported as saying:
I was approached by an individual in Leinster House and offered flights and a stay in a top hotel in New York should I go missing during this week.
Senator Landy expressed the opinion that the offer was made in an attempt to defeat the Government.
According to the report Senator Landy has refused to name the person who approached him but he did describe the person as a political figure.
The incident was first reported in the Sunday Independent on 21 July 2013
My complaint against Senator Landy is that he has failed to report this incident to the relevant authorities. He has also refused to reveal the identity of the person alleged to have offered what is, in effect, a bribe.
Senator Landy’s failure to report the alleged crime and his failure to reveal the identity of the person alleged to have offered the bribe are in breach of the following sections of the Code of Conduct for Members of Seanad Eireann and in particular is in breach of Section 3 (ii).
1. Members must, in good faith, strive to maintain the trust placed in them, and exercise the influence gained from their public office to advance the public interest.
2. Members must conduct themselves in accordance with the provisions and spirit of the Code of Conduct and ensure that their conduct does not bring the integrity of their office or the Seanad into disrepute.
3. (i) Members have a particular obligation to behave in a manner which is consistent with the proper performance of the functions of the Office of Member of Seanad Éireann and with the maintenance of confidence in such performance by the general public.
(ii) Members must interact with authorities involved with public administration and the enforcement of the law in a manner which is consistent with their roles as public representatives and legislators.
Yours Sincerely
Anthony Sheridan
Well done Gavin, your persistence will reap rewards, eventually. However, perhaps you might be better to contact Michael Smith, editor of The Village magazine. Who is considering waging a similar war through the courts, over governments failure to prosecute previous cases of corruption. I am sure that his battles would substantially benefit your own, and we (the Royal we that is), would all be winners?