Ireland

   

Executive Accountability

#10
Key Findings
While the public’s political engagement is diminishing as the memory of the financial crisis fades, Ireland performs well (rank 10) with regard to executive accountability. Its score on this measure has improved by 0.3 points since 2014.

Parliamentarians have relatively minimal resources, but have adequate executive-oversight powers that have grown stronger in recent years. The audit and ombuds offices are influential, and a data-protection commission has been established to oversee enforcement of the GDPR.

Voter turnout has shown continual declines in recent years, even after elections were shifted to Saturdays. The quality of debate on policy issues remains high. The media produces substantial current-affairs programming. Newspapers are seeing steep circulation drops, but are investing in online distribution.

Party decisions are strongly influenced by elected officials, but candidates are chosen by member vote. Trade unions, employers’ associations and other civil society groups, while often sophisticated, have lost influence in the years since the economic crisis.

Citizens’ Participatory Competence

#7

To what extent are citizens informed of public policies?

10
 9

Most citizens are well-informed of a broad range of public policies.
 8
 7
 6


Many citizens are well-informed of individual public policies.
 5
 4
 3


Few citizens are well-informed of public policies; most citizens have only a rudimental knowledge of public policies.
 2
 1

Most citizens are not aware of public policies.
Political Knowledge
9
In the 2016 general election, electoral turnout dropped to 65.2% from 70.1% in the previous election in 2011. This fall in turnout came after economic recovery and strong rates of economic growth. In 2020, turnout declined again to 62.9% (down 2.2%) despite the election being held on a Saturday for the first time since 1918.

The proportion of Irish respondents claiming to have heard of various European institutions is consistently higher than the EU average, in part explaining why Irish support for the European Union remains among the highest in the European Union. Brexit reinforced existing trends in this regard. The level of personal familiarity with elected politicians is very high – it has been claimed that a majority of the electorate have actually been canvassed by at least one person seeking election to the national parliament. In addition, the quality of debate on policy issues is high, and media coverage of politics impartial and generally very fair.

Does the government publish data and information in a way that strengthens citizens’ capacity to hold the government accountable?

10
 9

The government publishes data and information in a comprehensive, timely and user-friendly way.
 8
 7
 6


The government most of the time publishes data and information in a comprehensive, timely and user-friendly way.
 5
 4
 3


The government publishes data in a limited and not timely or user-friendly way.
 2
 1

The government publishes (almost) no relevant data.
Open Government
7
The government – through governmental departments and institutions such as the Central Statistics Office (CSO), and the Auditor and Controller General – publishes data and information in a comprehensive, timely and user-friendly way. Freedom of information helps this openness, but has sometimes been criticized by journalists in recent years because of allegedly extensive redaction by ministries and state bodies.

Legislative Actors’ Resources

#31

Do members of parliament have adequate personnel and structural resources to monitor government activity effectively?

10
 9

The members of parliament as a group can draw on a set of resources suited for monitoring all government activity effectively.
 8
 7
 6


The members of parliament as a group can draw on a set of resources suited for monitoring a government’s major activities.
 5
 4
 3


The members of parliament as a group can draw on a set of resources suited for selectively monitoring some government activities.
 2
 1

The resources provided to the members of parliament are not suited for any effective monitoring of the government.
Parliamentary Resources
5
The Oireachtas Library and Research Service manages the Irish parliamentary library. The service’s primary users are the individual members of the Houses of the Oireachtas, committees and staff of both houses. Resources are considered inadequate, relative to peer jurisdictions in the European Union (e.g., Denmark, Finland and Sweden).

Whereas ministers recruit advisers and experts, there is no system of internships that allows members to recruit researchers and no tradition of members or groupings commissioning and publishing evaluations of government activity. The main resource available to members for monitoring government activity is the committee system. This allows members to call expert witnesses and explore the implications of proposed legislation. The resources available to these committees appear adequate for their purpose.

These resources are complemented through the mechanism of parliamentary questions, which can be in oral or written form. Dáil Éireann allocates time during which deputies may ask questions of members of the government relating to their departments or to matters of administration for which they are responsible. Considerable civil service resources are devoted to researching the answers to these questions, of which a total of 50,000 were processed during 2014. This works out at an impressive average of 300 per deputy.

Citations:
A statement of the services available from the Oireachtas Library and Research Services is provided here:

http://www.oireachtas.ie/parliament/media/housesoftheoireachtas/libraryresearch/others/LRSStatementofServicesapprovedbyCommission2012.pdf

Gallagher, M. ‘The Oireachtas: President and Parliament,’ in John Coakley and Michael Gallagher (eds), Politics in the Republic of Ireland, 2010.

Are parliamentary committees able to ask for government documents?

10
 9

Parliamentary committees may ask for most or all government documents; they are normally delivered in full and within an appropriate time frame.
 8
 7
 6


The rights of parliamentary committees to ask for government documents are slightly limited; some important documents are not delivered or are delivered incomplete or arrive too late to enable the committee to react appropriately.
 5
 4
 3


The rights of parliamentary committees to ask for government documents are considerably limited; most important documents are not delivered or delivered incomplete or arrive too late to enable the committee to react appropriately.
 2
 1

Parliamentary committees may not request government documents.
Obtaining Documents
7
Parliamentary committees have the power to send for persons, papers and records; to require attendance by ministers in order discuss current policies and proposals for legislation; and to require the attendance of principal officeholders in bodies that are funded by the state. The issue of access to government documents by committees has not been contentious in recent years.

While parliamentary committees were once weak, they have been getting stronger since the 1980s. One comparative ranking of the strength of committee systems in 39 advanced industrial democracies placed Ireland mid-table (Martin 2010).

Citations:
The Committee of Inquiry into the Banking Crisis Final Report January, 2016. The scope and structure of the Banking Inquiry are set out here: http://www.oireachtas.ie/parliament/media/Relevant-Proposal-to-the-Committees-on-Procedure-and-Privileges-of-Dáil-Eireann-and-Seanad-Eireann.pdf

Martin, S. ‘The Committee System,’ in Muiris MacCarthaigh and Maurice Manning (eds, 2010) The Houses of the Oireachtas. Dublin: IPA.

Are parliamentary committees able to summon ministers for hearings?

10
 9

Parliamentary committees may summon ministers. Ministers regularly follow invitations and are obliged to answer questions.
 8
 7
 6


The rights of parliamentary committees to summon ministers are slightly limited; ministers occasionally refuse to follow invitations or to answer questions.
 5
 4
 3


The rights of parliamentary committees to summon ministers are considerably limited; ministers frequently refuse to follow invitations or to answer questions.
 2
 1

Parliamentary committees may not summon ministers.
Summoning Ministers
8
The powers and scope of Oireachtas committees of inquiry are set out in the Houses of the Oireachtas (Inquiries, Privileges and Procedures) Act 2013, which was signed into law in July 2013. The act provides for Oireachtas inquiries, consistent with the Supreme Court’s judgment on the scope of such inquiries. The scope of legitimate parliamentary inquiries that can now be carried out is broad. The legislation expands the scope of evidence that civil servants may give, thus enabling committees to develop a full narrative of events for the purpose of establishing facts.

Cabinet ministers regularly attend committees and assist them with their work. Oireachtas (parliamentary) committees play an increasingly important role in parliamentary business. They can receive submissions and hear evidence from interested groups, discuss and draft legislative proposals, publish minutes of evidence and related documents, and demand the attendance of government ministers.

Citations:
For a discussion of how a constitutional provision for cabinet confidentiality might impinge on the work of the Banking Inquiry, see the July 2014 post by Dr. Conor O’Mahony on the Constitution Project @ UCC website: “Cabinet Confidentiality and the Banking Inquiry” http://constitutionproject.ie/?p=342 However, the committee’s work was not unduly hampered by these considerations. For the Supreme Court judgment on the powers of Oirechtas Inquiries see: https://www.google.ie/search?q=abbeylara+case&oq=abbeylara+case&aqs=chrome..69i57.8950j1j7&sourceid=chrome&es_sm=122&ie=UTF-8

Are parliamentary committees able to summon experts for committee meetings?

10
 9

Parliamentary committees may summon experts.
 8
 7
 6


The rights of parliamentary committees to summon experts are slightly limited.
 5
 4
 3


The rights of parliamentary committees to summon experts are considerably limited.
 2
 1

Parliamentary committees may not summon experts.
Summoning Experts
10
There are no restrictions on summoning expert witnesses to their meetings. As above (see “Strategic Planning”), the government has in general relied heavily on experts over the course of the COVID-19 pandemic to inform policymaking and to justify decisions (Colfer, 2021).

Citations:
Colfer, B. (2020) Herd‐immunity across intangible borders: Public policy responses to COVID‐19 in Ireland and the UK, European Policy Analysis, 06(02) pp 203-225, https://doi.org/10.1002/epa2.1096;

Are the task areas and structures of parliamentary committees suited to monitor ministries effectively?

10
 9

The match between the task areas of parliamentary committees and ministries as well as other relevant committee structures are well-suited to the effective monitoring of ministries.
 8
 7
 6


The match/mismatch between the task areas of parliamentary committees and ministries as well as other relevant committee structures are largely suited to the monitoring ministries.
 5
 4
 3


The match/mismatch between the task areas of parliamentary committees and ministries as well as other relevant committee structures are partially suited to the monitoring of ministries.
 2
 1

The match/mismatch between the task areas of parliamentary committees and ministries as well as other relevant committee structures are not at all suited to the monitoring of ministries.
Task Area Congruence
6
There is a considerable amount of variance in both the number and task congruence of committees across parliaments.

There are 33 regular committees serving the current Dáil. Of these, 13 can be seen as “core” committees, namely those focusing on agriculture and marine issues; children, disability, equality and integration; education; enterprise, trade and employment; finance; foreign affairs; healthcare; housing, local government and heritage; justice; media, tourism, arts, culture, sport and the gaeltacht; transport; the implementation of the Good Friday Agreement; and the public accounts. Committees shadow the main line ministries for the most part. In addition, there are also other types of committees, such as special committees (i.e., temporary, subject-specific committees rather than standing committees). These have included special committees on the COVID-19 response, the future funding of water resources, the future of healthcare, and housing and homelessness. In July 2016, as part of the process of reforming the Dáil, a new standing committee was established, the Committee on Budgetary Oversight, to help parliament monitor the government’s economic and financial policy decisions. The current committee has 15 members representing all parliamentary parties. No member of the committee can be a government minister (Oir, 2022).

Media

#1

To what extent do media in your country analyze the rationale and impact of public policies?

10
 9

A clear majority of mass media brands focus on high-quality information content analyzing the rationale and impact of public policies.
 8
 7
 6


About one-half of the mass media brands focus on high-quality information content analyzing the rationale and impact of public policies. The rest produces a mix of infotainment and quality information content.
 5
 4
 3


A clear minority of mass media brands focuses on high-quality information content analyzing public policies. Several mass media brands produce superficial infotainment content only.
 2
 1

All mass media brands are dominated by superficial infotainment content.
Media Reporting
9
The Broadcasting Authority of Ireland (BAI) aims to ensure that “the democratic values enshrined in the constitution, especially those relating to rightful liberty of expression, are upheld,” and that broadcasting services are “open and pluralistic.”

The largest TV and radio stations in Ireland are operated by Raidió Teilifís Éireann (RTÉ), a state-owned public-service broadcaster financed by revenue from the mandatory TV license, as well as by advertising. Since 1988, RTÉ has faced competition from privately owned radio and television stations. RTÉ devotes a significant proportion of TV and radio airtime to news and commentary on current affairs and political issues. It also undertakes original investigative journalism. The privately owned TV and radio stations have to devote specified proportions of airtime to current affairs and public-service programs. However, in terms of listener hours, music and entertainment outweigh current affairs and analysis.

The main stations produce high-quality information programs, and programs devoted to in-depth analysis of government policy and decisions. They provide forums for the discussion of current affairs, as well as outlets for opinions and grievances. These programs elicit reactions and responses from politicians. The two largest-circulation daily newspapers provide ample information on and analysis of government decisions.

The Press Council of Ireland provides an independent forum for resolving complaints about the press. In 2012, the United Kingdom’s Leveson inquiry mentioned the Irish Press Council as a model.

Irish newspaper circulation (print and electronic versions combined) has continued to fall over the review period, but the main newspapers are devoting additional resources to improving the electronic dissemination of news and analysis.

The Future of Media Commission was set up by the government in September 2020 to examine the future of Ireland’s public service broadcasters, commercial broadcasters, and print and online media platforms. The commission is independent of the government and has nine members, who have been selected due to their expertise and experience in the media. Some of the major challenges identified by the commission include the need for sustainable funding models, changes in audience behavior and changes in technology. The commission produced a report with recommendations for the government in 2021 (FMC, 2020). At the time of writing, the commission’s report has yet to be formally shared with the Oireachtas media committee, the BAI, or the industry organizations that participated in the commission’s consultation process or virtual hearings (Slattery, 2022).

Citations:
FMC (2020) About the Commission, The Future of the Media Commission, available at: https://futureofmediacommission.ie/

Slattery, L. (2022) Delay in publishing Future of Media Commission report branded ‘bloody disgrace’, The Irish Times, 23 March, available at: https://www.irishtimes.com/business/media-and-marketing/delay-in-publishing-future-of-media-commission-report-branded-bloody-disgrace-1.4834397

Parties and Interest Associations

#15

How inclusive and open are the major parties in their internal decision-making processes?

10
 9

The party allows all party members and supporters to participate in its decisions on the most important personnel and issues. Lists of candidates and agendas of issues are open.
 8
 7
 6


The party restricts decision-making to party members. In most cases, all party members have the opportunity to participate in decisions on the most important personnel and issues. Lists of candidates and issue agendas are rather open.
 5
 4
 3


The party restricts decision-making to party members. In most cases, a number of elected delegates participate in decisions on the most important personnel and issues. Lists of candidates and issue agendas are largely controlled by the party leadership.
 2
 1

A number of party leaders participate in decisions on the most important personnel and issues. Lists of candidates and issue agendas are fully controlled and drafted by the party leadership.
Intra-party Decision-Making
5
The taoiseach is elected by the lower house of the parliament and is usually the leader of the biggest party in parliament. The position of party leader is therefore of great significance.

In the 2020 general election, the vote shares received by the parties were Sinn Féin 24.5%, Fianna Fáil 22.2%, Fine Gael 20.9%, the Greens 7.1%, the Labour Party 4.4%, the Social Democrats 2.9%, People Before Profit 2.6%, and Aontú 1.9%. Meanwhile, independent candidates won around 13.5% of the votes.

Specific party procedures for selecting party leaders and presidential candidates are detailed below. However, all the main parties now use a one member one voting system, meaning that each party member can vote once for the party candidate in their constituency. As such, party members are important gatekeepers to the selection of parliamentary candidates. While most candidates are selected locally, they need to be approved by the party’s national executive, which reserves the right to veto any local choice or to add a new name to the ticket. Empirically, the national parties are more likely to add a name to the ticket than to veto someone selected locally. For example, for the 2016 general election, 15 of Fine Gael’s 89 candidates and 16 of Fianna Fáil’s 71 candidates were added to the ticket by the respective party’s national constituency committees (see Reidy 2016). The introduction of gender quotas, which threatens political parties with losing half of their state funding if the proportion of male or female nominated candidates falls below 30%, appears to have further strengthened the hands of the national party. Ready (2016, 71) states: “the requirement for parties to meet specific gender targets facilitated the party center exerting even more control over selection processes than at previous elections.” In 2020, of the 516 candidates running for 159 seats in 39 constituencies in the general election, 160 or 31% were women (Carswell & O’Halloran, 2020).

Fine Gael:

The party leader is selected by an electoral college comprising the Fine Gael Parliamentary Party (weighting 65%), ordinary Fine Gael members (weighting 25%) and Fine Gael local representatives (city and county councilors, and members of Údarás na Gaeltachta, weighting 10%). On 2 June 2017, Leo Varadkar beat Simon Coveney to become the new leader of Fine Gael. He was appointed taoiseach by President Higgins following a vote in Dáil Éireann on 14 June 2017.

Fianna Fáil:

The party has a pyramidal structure based on the local branches (cumainn). There are approximately 3,000 of these across the country. The party leader is elected by an electoral college comprising ordinary members (weighting 45%), parliamentary deputies (weighting 40%) and other elected representatives (weighting 15%). Before the establishment of this electoral college, Micheal Martin was elected as leader of Fianna Fáil on 26 January 2011, in an election in which only members of parliament who were members of the Fianna Fáil party were eligible to vote.

Sinn Féin:

In February 2018, Mary Lou McDonald, after a special party conference in Dublin (Ard Fheis), succeeded Gerry Adams as leader of Sinn Féin. Since the party entered politics in 1986, no vote of confidence in the party leader has been tabled. The Ard Fheis (National Delegate Conference) is Sinn Féin’s ultimate policymaking body, where delegates – directly elected by members of local branches (cumainn) – vote on and adopt policies.

In autumn 2018, Michael D. Higgins, the president of Ireland, was re-elected by a considerable majority, obtaining a record 822,566 first-preference votes, to serve for a second seven-year term.

Citations:
Theresa Reidy (2016), ‘Candidate Selection and the Illusion of Grass Roots Democracy,’ in Michael Gallagher and Michael Marsh (eds) How Ireland Voted 2016. Palgrave.

To what extent are economic interest associations (e.g., employers, industry, labor) capable of formulating relevant policies?

10
 9

Most interest associations are highly capable of formulating relevant policies.
 8
 7
 6


Many interest associations are highly capable of formulating relevant policies.
 5
 4
 3


Few interest associations are highly capable of formulating relevant policies.
 2
 1

Most interest associations are not capable of formulating relevant policies.
Association Competence (Employers & Unions)
7
During the economic crisis the capacity of the trade unions and the employers’ and farmers’ associations to influence policy was seriously diminished. However, these associations are staffed by economists and other experts who conduct detailed background research and make detailed – if selective – cases to support their favored policies. They make detailed submissions to the Finance Ministry during the annual budget process. The government takes some account of these arguments when preparing the budget and in formulating other policies.

Citations:
The number of independent commentaries and online policy forums has grown in recent years, see
http://www.publicpolicy.ie/
http://www.irisheconomy.ie/
http://www.nerinstitute.net/
http://politicalreform.ie/
http://www.politics.ie/

To what extent are non-economic interest associations capable of formulating relevant policies?

10
 9

Most interest associations are highly capable of formulating relevant policies.
 8
 7
 6


Many interest associations are highly capable of formulating relevant policies.
 5
 4
 3


Few interest associations are highly capable of formulating relevant policies.
 2
 1

Most interest associations are not capable of formulating relevant policies.
Association Competence (Others)
7
There is a strong tradition of interest associations and advocacy groups in Ireland, especially in the areas of health and social policy. While their influence was diminished by the financial constraints of the last six years, they continue to have an impact on policies relating to issues such as drug abuse, provision for people with disabilities, homelessness, asylum-seekers, and perceived inequalities and injustices in Irish society. While many of these associations prepare relevant policy proposals, their emphasis is on advocacy rather than analysis. The most influential of these associations, Social Justice Ireland, evolved from an association of members of Roman Catholic religious orders.

Citations:
For Social Justice Ireland, see
http://www.socialjustice.ie

Independent Supervisory Bodies

#9

Does there exist an independent and effective audit office?

10
 9

There exists an effective and independent audit office.
 8
 7
 6


There exists an effective and independent audit office, but its role is slightly limited.
 5
 4
 3


There exists an independent audit office, but its role is considerably limited.
 2
 1

There does not exist an independent and effective audit office.
Audit Office
9
The Office of the Comptroller and Auditor General (OCAG) reports to the lower house of parliament. The OCAG attends meetings of the lower house’s Public Accounts Committee (PAC) as a permanent witness. The results of the OCAG’s independent examinations are used for PAC enquiries.

The PAC’s effectiveness is enhanced by having the OCAG’s reports as a starting point, and in turn the OCAG’s scrutiny gains significantly in impact and effectiveness because its reports are considered by and used as a basis for action by the PAC. The PAC examines and reports to the lower house as a whole on its review of accounts audited by the OCAG. This process ensures that the parliament can rely on its own auditing processes and capacities.

Does there exist an independent and effective ombuds office?

10
 9

There exists an effective and independent ombuds office.
 8
 7
 6


There exists an effective and independent ombuds office, but its advocacy role is slightly limited.
 5
 4
 3


There exists an independent ombuds office, but its advocacy role is considerably limited.
 2
 1

There does not exist an effective and independent ombuds office.
Ombuds Office
8
The Office of the Ombudsman investigates complaints about the administrative actions of government departments, the Health Services Executive (HSE) and local authorities. Ireland largely follows the Scandinavian ombudsman model. The ombudsman acts in the public interest as part of an overall system of checks and balances, as representing and protecting the people from any excess or unfairness on the part of government. The ombudsman reports to parliament at least twice a year.

Only twice in the 25-year history of the Office of the Ombudsman have its recommendations been rejected by government. In 2009, the ombudsman was invited to appear before the relevant parliamentary committee to explain her views on the matter. The fact that this sort of conflict has arisen so rarely, and when it did it attracted so much publicity, is evidence that the office generally operates effectively and has its findings accepted by parliament.

In addition to the main Office of the Ombudsman, there are separate ombudsmen for the national police force (the Garda Síochána Ombudsman Commission, GSOC), financial services, children, insurance, the army, the press and pension issues. These offices are effective in listening to the concerns of citizens in their dealings with government agencies.

Is there an independent authority in place that effectively holds government offices accountable for handling issues of data protection and privacy?

10
 9

An independent and effective data protection authority exists.
 8
 7
 6


An independent and effective data protection authority exists, but its role is slightly limited.
 5
 4
 3


A data protection authority exists, but both its independence and effectiveness are strongly limited.
 2
 1

There is no effective and independent data protection office.
Data Protection Authority
9
The Irish Data Protection Act 2018 was signed into law on 24 May 2018 to coincide with the implementation of the General Data Protection Regulation (GDPR) on the following day, 25 May 2018. The GDPR replaced the existing data protection framework defined under the EU Data Protection Directive. The GDPR emphasizes transparency, security and accountability by data controllers and processors, while also standardizing and strengthening the right of European citizens to data privacy. In Ireland, the Data Protection Commission has been established to ensure the enforcement of the GDPR.
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