Horizontal Accountability
#23Key Findings
In the area of horizontal accountability, Ireland performs relatively poorly (rank 23).
The auditor general is formally independent, but has limited enforcement capacity. The Data Protection Commission (DPC) plays a key European role due to the local presence of many technology companies. While the DPC is independent and well-resourced, European data privacy regulators have occasionally intervened to strengthen its decisions.
The judiciary has legal autonomy and the power of independent review. High costs make this process inaccessible to many. Judges are held publicly accountable through ethics rules. Judicial decisions have forced changes in government action. Civil rights are generally protected, though antidiscrimination policies show gaps.
Public accounting standards help prevent corruption, and officeholders are subject to conflict-of-interest standards. The parliament has gained resources in recent years, and has adequate powers. However, government control can limit the effectiveness of committees’ investigations.
The auditor general is formally independent, but has limited enforcement capacity. The Data Protection Commission (DPC) plays a key European role due to the local presence of many technology companies. While the DPC is independent and well-resourced, European data privacy regulators have occasionally intervened to strengthen its decisions.
The judiciary has legal autonomy and the power of independent review. High costs make this process inaccessible to many. Judges are held publicly accountable through ethics rules. Judicial decisions have forced changes in government action. Civil rights are generally protected, though antidiscrimination policies show gaps.
Public accounting standards help prevent corruption, and officeholders are subject to conflict-of-interest standards. The parliament has gained resources in recent years, and has adequate powers. However, government control can limit the effectiveness of committees’ investigations.
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Is there an independent audit office? To what extent is it capable of exercising effective oversight?
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9
9
There exists an effective and independent audit office.
8
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6
7
6
There exists an effective and independent audit office, but its role is somewhat limited.
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3
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3
There exists an independent audit office, but its role is considerably limited.
2
1
1
There is no independent and effective audit office.
Ireland has increasingly adopted an “evidence-informed approach” to policymaking, favoring it over an evidence-based one. Ruane (2021) highlights the significant role of the central statistics office in integrating high-quality datasets into policy formulation. More recently, following the Troika, the Irish Government Economic and Evaluation Service (IGEES) has been supporting departmental-level audits and developing capacity to address future data challenges. An OECD review of IGEES found it made a “significant difference in strengthening the analytical capacity of the Civil Service in Ireland.”
To further improve the quality of policy analysis and challenge government economic and budgetary proposals, several other institutional innovations have been introduced. These include the creation of the independent Irish Fiscal Advisory Council (IFAC) and the Parliamentary Budget Office (PBO). An Official Statistics Board, chaired by former Assistant Secretary to the Department of Social Protection Anne Vaughan, provides oversight and coordination. Additionally, the Oireachtas Library Service, Department of Finance, Department of Public Expenditure and Reform, Central Bank, Fiscal Advisory Council and various sub-sectoral Ombudsman offices (policing, media, children etc.) perform watchdog functions, reviewing fiscal issues and debt sustainability.
The Office of the Comptroller and Auditor General (C&AG) derives its remit from Article 33 of the 1937 constitution of Ireland, although it was established in 1923 and had its powers substantially revised in 1993. These revisions included the assessment of value for money and special assessments of economy, effectiveness and efficacy in specific aspects of public administration. The latest published example is the review of NAMA (C&AG 2022). The independent C&AG is appointed by the president, based on the nomination of Dáil Éireann, and operates under a strong culture aligned with constitutional and legislative provisions to act independently of the government and report to parliament.
The C&AG’s remit includes the state and state bodies, including specified agencies or bodies receiving state funds. It publishes annual reports on the Accounts of the Public Services, the latest being for 2022 (published in 2023), addressing issues arising from audits of government departments and offices, including the accounts of the Revenue Commissioners. These reports are examined in detail by the Dáil Committee of Public Accounts. The latest general report publicly available is a 2021 evaluation of the National Asset Management Agency (C&AG 2022), and a 2023 audit of the Irish Advisory Council on 25 reports undertaken in 2022.
Scott’s (2021) assessment views the development of the C&AG office as consistent with international trends of arms-length regulation. However, he identifies significant weaknesses in Ireland’s regulatory capacity, effectiveness and accountability. While the C&AG has strong formal independence, including protection from removal from office, its capacity for formal regulation or enforcement is limited.
Citations:
C&AG. 2023. “https://www.audit.gov.ie/en/find-report/publications/2023/25-irish-fiscal-advisory-council.pdf”
C&AG. 2022. “National Asset Management Agency: Progress on Achievement of Objectives as at End 2021.” https://www.audit.gov.ie/en/find-report/publications/2023/special-report-116-nama-progress-on-achievement-of-objectives-as-at-end-2021.pdf
Coakley. 2021. “The Politics of the Presidency.” In The Oxford Handbook of Irish Politics, eds. Farrell D. and N. Hardiman, 366-382. Oxford: OUP.
Daly, P. 2021. “The Irish Courts and the Administrative State.” In The Oxford Handbook of Irish Politics, eds. D. M. Farrell and N. Hardiman, 264-280. Oxford: Oxford University Press.
Reidy, T., and F. Buckley. 2017. “Democratic Revolution? Evaluating the Political and Administrative Reform Landscape After the Economic Crises.” Administration 65 (2): 1-12.
Ruane, F. 2021. “Introducing Evidence into Policy Making in Ireland.” In Policy Analysis in Ireland, eds. J. Hogan and M. P. Murphy, 63-76. Bristol: Policy Press.
Scott. 2021. “Politics of Regulation in Ireland.” In The Oxford Handbook of Irish Politics, eds. Farrell D and N Hardiman, 647-668. Oxford: OUP
To further improve the quality of policy analysis and challenge government economic and budgetary proposals, several other institutional innovations have been introduced. These include the creation of the independent Irish Fiscal Advisory Council (IFAC) and the Parliamentary Budget Office (PBO). An Official Statistics Board, chaired by former Assistant Secretary to the Department of Social Protection Anne Vaughan, provides oversight and coordination. Additionally, the Oireachtas Library Service, Department of Finance, Department of Public Expenditure and Reform, Central Bank, Fiscal Advisory Council and various sub-sectoral Ombudsman offices (policing, media, children etc.) perform watchdog functions, reviewing fiscal issues and debt sustainability.
The Office of the Comptroller and Auditor General (C&AG) derives its remit from Article 33 of the 1937 constitution of Ireland, although it was established in 1923 and had its powers substantially revised in 1993. These revisions included the assessment of value for money and special assessments of economy, effectiveness and efficacy in specific aspects of public administration. The latest published example is the review of NAMA (C&AG 2022). The independent C&AG is appointed by the president, based on the nomination of Dáil Éireann, and operates under a strong culture aligned with constitutional and legislative provisions to act independently of the government and report to parliament.
The C&AG’s remit includes the state and state bodies, including specified agencies or bodies receiving state funds. It publishes annual reports on the Accounts of the Public Services, the latest being for 2022 (published in 2023), addressing issues arising from audits of government departments and offices, including the accounts of the Revenue Commissioners. These reports are examined in detail by the Dáil Committee of Public Accounts. The latest general report publicly available is a 2021 evaluation of the National Asset Management Agency (C&AG 2022), and a 2023 audit of the Irish Advisory Council on 25 reports undertaken in 2022.
Scott’s (2021) assessment views the development of the C&AG office as consistent with international trends of arms-length regulation. However, he identifies significant weaknesses in Ireland’s regulatory capacity, effectiveness and accountability. While the C&AG has strong formal independence, including protection from removal from office, its capacity for formal regulation or enforcement is limited.
Citations:
C&AG. 2023. “https://www.audit.gov.ie/en/find-report/publications/2023/25-irish-fiscal-advisory-council.pdf”
C&AG. 2022. “National Asset Management Agency: Progress on Achievement of Objectives as at End 2021.” https://www.audit.gov.ie/en/find-report/publications/2023/special-report-116-nama-progress-on-achievement-of-objectives-as-at-end-2021.pdf
Coakley. 2021. “The Politics of the Presidency.” In The Oxford Handbook of Irish Politics, eds. Farrell D. and N. Hardiman, 366-382. Oxford: OUP.
Daly, P. 2021. “The Irish Courts and the Administrative State.” In The Oxford Handbook of Irish Politics, eds. D. M. Farrell and N. Hardiman, 264-280. Oxford: Oxford University Press.
Reidy, T., and F. Buckley. 2017. “Democratic Revolution? Evaluating the Political and Administrative Reform Landscape After the Economic Crises.” Administration 65 (2): 1-12.
Ruane, F. 2021. “Introducing Evidence into Policy Making in Ireland.” In Policy Analysis in Ireland, eds. J. Hogan and M. P. Murphy, 63-76. Bristol: Policy Press.
Scott. 2021. “Politics of Regulation in Ireland.” In The Oxford Handbook of Irish Politics, eds. Farrell D and N Hardiman, 647-668. Oxford: OUP
Is there an independent authority that effectively holds government offices accountable for their handling of data protection and privacy issues?
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9
9
An independent and effective data protection authority exists.
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6
7
6
An independent and effective data protection authority exists, but its role is somewhat limited.
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3
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A data protection authority exists, but both its independence and effectiveness are considerably limited.
2
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1
There is no effective and independent data protection office.
The Irish Data Protection Act 2018 was signed into law on 24 May 2018, coinciding with the implementation of the General Data Protection Regulation (GDPR). The Data Protection Commission (DPC) is Ireland’s national independent authority responsible for upholding the fundamental right of individuals in the European Union (EU) to have their personal data protected. The DPC’s functions and powers also relate to other regulatory frameworks, including the Irish ePrivacy Regulations (2011) and the EU Directive known as the Law Enforcement Directive (LED). The DPC’s European role is crucial, given the large number of data and social media multinational corporations (MNCs) with European headquarters based in Ireland, which fall under Irish data protection oversight. International bodies are incorporated into this legislation. An independent process appoints the head of the DPC, and the body is allocated financial and personnel resources consistent with its mandate. The executive branch follows up on DPC findings, which are extensively reported in the media and utilized by the legislature.
Many international social media MNCs, and hence social media regulation at the EU level, fall under the remit of the Irish data protection office, increasing the demand for effective regulation and enforcement. The European Data Protection Board (EDPB) has intervened in Irish data protection decisions to increase sanctions and strengthen remedies (EDPB, 2023). The EDPB concluded that Irish data protection decisions have been insufficient to remedy GDPR breaches, suggesting a reluctance by the Irish authority to appropriately regulate social media multinationals. This is particularly significant for wider Europe due to the prevalence of European continental hubs of social media and technology multinationals in Ireland, under Irish authority.
Citations:
Data Protection Commission. 2023. “www.dataprotection.ie” www.dataprotection.ie
McIntyre, T. J. 2021. “Regulating the Information Society; Data Protection and Ireland’s Internet Industry.” In Policy Analysis in Ireland, eds. J. Hogan and M. P. Murphy, 702-718. Bristol: Policy Press.
MacCartaigh, M. 2021. “The Changing Policy Analysis Capacity of the Irish State.” In Policy Analysis in Ireland, eds. J. Hogan and M. P. Murphy. Bristol: Policy Press, 47-62.
IGEES. 2019. “Irish Government and Evaluation.” https://www.gov.ie/en/organisation-information/8f949-irish-government-economic-and-evaluation-service-igees/#about-igees/
Ruane, F. 2019. “The Changing Patterns of Production and Consumption of Official Statistics in Ireland.” Journal of the Statistical and Social Inquiry Society of Ireland 43 (1): 223-240.
European Commission. 2022. “eGovernment Benchmark 2022, 2021-2022 data.” https://op.europa.eu/en/publication-detail/-/publication/a7d80ca2-3895-11ed-9c68-01aa75ed71a1/language-en/format-PDF/source-291321135
European Commission. 2022. “European Data Portal, 2022.” https://data.europa.eu/en/publications/open-data-maturity/2022
Boyle, R., O’Leary, F., and O’Neill, J. 2022. Public Sector Trends. Dublin: IPA.
Many international social media MNCs, and hence social media regulation at the EU level, fall under the remit of the Irish data protection office, increasing the demand for effective regulation and enforcement. The European Data Protection Board (EDPB) has intervened in Irish data protection decisions to increase sanctions and strengthen remedies (EDPB, 2023). The EDPB concluded that Irish data protection decisions have been insufficient to remedy GDPR breaches, suggesting a reluctance by the Irish authority to appropriately regulate social media multinationals. This is particularly significant for wider Europe due to the prevalence of European continental hubs of social media and technology multinationals in Ireland, under Irish authority.
Citations:
Data Protection Commission. 2023. “www.dataprotection.ie” www.dataprotection.ie
McIntyre, T. J. 2021. “Regulating the Information Society; Data Protection and Ireland’s Internet Industry.” In Policy Analysis in Ireland, eds. J. Hogan and M. P. Murphy, 702-718. Bristol: Policy Press.
MacCartaigh, M. 2021. “The Changing Policy Analysis Capacity of the Irish State.” In Policy Analysis in Ireland, eds. J. Hogan and M. P. Murphy. Bristol: Policy Press, 47-62.
IGEES. 2019. “Irish Government and Evaluation.” https://www.gov.ie/en/organisation-information/8f949-irish-government-economic-and-evaluation-service-igees/#about-igees/
Ruane, F. 2019. “The Changing Patterns of Production and Consumption of Official Statistics in Ireland.” Journal of the Statistical and Social Inquiry Society of Ireland 43 (1): 223-240.
European Commission. 2022. “eGovernment Benchmark 2022, 2021-2022 data.” https://op.europa.eu/en/publication-detail/-/publication/a7d80ca2-3895-11ed-9c68-01aa75ed71a1/language-en/format-PDF/source-291321135
European Commission. 2022. “European Data Portal, 2022.” https://data.europa.eu/en/publications/open-data-maturity/2022
Boyle, R., O’Leary, F., and O’Neill, J. 2022. Public Sector Trends. Dublin: IPA.
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To what extent does an independent judiciary ensure that the government, administration and legislature operate in accordance with the constitution and law?
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9
The judiciary effectively ensures that the government and legislature act in accordance with the law.
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7
6
The judiciary usually manages to ensure that the government and legislature act in accordance with the law.
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4
3
The judiciary fails to ensure effective legal compliance in some crucial cases.
2
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1
The judiciary fails to ensure effective legal control.
The Liberties Rule of Law Irish Report (2022), published by the Civil Liberties Union for Europe (Liberties), highlights the continued use of the Special Criminal Court, a legislative legacy related to the Northern Ireland conflict, as a serious concern. This issue is currently under review as part of the Offences Against the State Act. The report also calls for a comprehensive review of the legal aid system and the provision of an enhanced civil legal aid system. Despite these concerns, V-Dem (2023) rates Ireland highly for rule of law indicators, and the World Justice Project (WJP) scores Ireland highly, with an 81 for due process of law and the rights of the accused, and a 90 for freedom from arbitrary interference.
The national judiciary, including specialized courts, has the legal autonomy to independently interpret and review existing laws, legislation and policies, and the capacity to exercise independent judicial review. Contemporary practices and proposals aim to limit housing and environmental planning decisions’ exposure to judicial review (ICCL 2022). Legal education in Ireland is not yet inclusive and accessible to all segments of society, showing clear class bias in judicial pipelines, though recent progress has been made in gender balance. Judges are held to formal public accountability through ethics, rules and observable standards, with recent instances of judicial resignations highlighting this accountability. A post-crisis referendum was necessary to enable the government to decrease judicial remuneration in line with other public salary decreases. The process of appointing all justices has recently been transformed to ensure the independence of the judiciary.
There is horizontal accountability and effective relationships between the executive branch and other state institutions, which can hold the government accountable, particularly by demanding information and addressing inappropriate behavior. The late 2023 Judicial Appointments Bill addressed the high-level separation of powers and the horizontal relationship between the government and the judiciary. The Supreme Court tested the constitutionality of this bill following a presidential referral, consulting the Council of State under Article 26 of the 1937 constitution.
This process exemplified the horizontal powers of accountability and legitimacy, ensuring an independent judiciary that ensures the government, administration and legislature act in accordance with the constitution and laws while respecting and defending fundamental rights. Judicial review of government action is common but expensive, making it inaccessible to many due to costs. The court’s rulings have been significant, causing the government to delay, reverse, and amend decisions. The government generally complies with important court decisions, even if it disagrees with them. However, there are specific examples of non-compliance, particularly in environmental and social policies. Courts reviewed the achievement of climate targets in 2019, finding delays in response to a case taken by Friends of the Irish Environment (Murphy 2023). No known cases have been taken between 2022 and 2024. The EU has criticized Ireland for the penal and uncertain costs associated with environmental litigation, making it the most expensive country for such litigation in the EU, and for the related aggressive targeting and threats to cut the funding of critical environmental NGOs.
Citations:
Hickey, T. 2021. “Judges and the Political Organs of the State.” In Policy Analysis in Ireland, eds. J. Hogan and M. P. Murphy, 213-228. Bristol: Policy Press.
EuroPAM. 2023. “Ireland Public Accountability Index.” https://europam.eu/?module=country-profile&country=Ireland
Civil Liberties Union for Europe. 2022. “Liberties Rule of Law Report 2022 Ireland.” https://www.iccl.ie/wp-content/uploads/2022/02/IRELAND_Rule-of-Law-Report_2022.pdf
Murphy, M. P. 2023. Creating an Eco Social Welfare Future. Bristol: Policy Press.
The national judiciary, including specialized courts, has the legal autonomy to independently interpret and review existing laws, legislation and policies, and the capacity to exercise independent judicial review. Contemporary practices and proposals aim to limit housing and environmental planning decisions’ exposure to judicial review (ICCL 2022). Legal education in Ireland is not yet inclusive and accessible to all segments of society, showing clear class bias in judicial pipelines, though recent progress has been made in gender balance. Judges are held to formal public accountability through ethics, rules and observable standards, with recent instances of judicial resignations highlighting this accountability. A post-crisis referendum was necessary to enable the government to decrease judicial remuneration in line with other public salary decreases. The process of appointing all justices has recently been transformed to ensure the independence of the judiciary.
There is horizontal accountability and effective relationships between the executive branch and other state institutions, which can hold the government accountable, particularly by demanding information and addressing inappropriate behavior. The late 2023 Judicial Appointments Bill addressed the high-level separation of powers and the horizontal relationship between the government and the judiciary. The Supreme Court tested the constitutionality of this bill following a presidential referral, consulting the Council of State under Article 26 of the 1937 constitution.
This process exemplified the horizontal powers of accountability and legitimacy, ensuring an independent judiciary that ensures the government, administration and legislature act in accordance with the constitution and laws while respecting and defending fundamental rights. Judicial review of government action is common but expensive, making it inaccessible to many due to costs. The court’s rulings have been significant, causing the government to delay, reverse, and amend decisions. The government generally complies with important court decisions, even if it disagrees with them. However, there are specific examples of non-compliance, particularly in environmental and social policies. Courts reviewed the achievement of climate targets in 2019, finding delays in response to a case taken by Friends of the Irish Environment (Murphy 2023). No known cases have been taken between 2022 and 2024. The EU has criticized Ireland for the penal and uncertain costs associated with environmental litigation, making it the most expensive country for such litigation in the EU, and for the related aggressive targeting and threats to cut the funding of critical environmental NGOs.
Citations:
Hickey, T. 2021. “Judges and the Political Organs of the State.” In Policy Analysis in Ireland, eds. J. Hogan and M. P. Murphy, 213-228. Bristol: Policy Press.
EuroPAM. 2023. “Ireland Public Accountability Index.” https://europam.eu/?module=country-profile&country=Ireland
Civil Liberties Union for Europe. 2022. “Liberties Rule of Law Report 2022 Ireland.” https://www.iccl.ie/wp-content/uploads/2022/02/IRELAND_Rule-of-Law-Report_2022.pdf
Murphy, M. P. 2023. Creating an Eco Social Welfare Future. Bristol: Policy Press.
How well does the executive branch and its members uphold and safeguard civil rights, and to what extent do the courts effectively protect citizens against rights violations?
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9
9
There are no limits or constraints on the realization of civil rights.
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7
6
There are no significant limits or constraints on the realization of civil rights.
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3
4
3
There are some significant limits or constraints on the realization of civil rights.
2
1
1
There are multiple significant limits or constraints on the realization of civil rights.
The national legal and constitutional system in Ireland guarantees the protection of civil rights. However, financial constraints and an inadequate free legal advice scheme hinder full access to justice, limiting it by resources, knowledge, education and capacity (Liberties Report 2022). Various CSOs and QUANGOs play a crucial role in protecting and advancing civil rights, including the Irish Human Rights and Equality Commission (IHREC), which reports directly to the United Nations International Convention on Civil and Political Rights and the Fundamental Rights Agency (where Ireland currently holds the chair role), the Free Legal Aid Centers (FLAC), the Irish Council for Civil Liberties, Amnesty International and the Coolock Community Law Centre (which hosts an Environmental Law Officer).
These institutions use the courts to safeguard personal liberty against both state and non-state actors, including rights such as the right to life and security, prohibition of torture and inhumane treatment or punishment, protection of privacy, equality before the law, equal access to justice and due process under the rule of law, such as protection against arbitrary imprisonment without due process. The Good Friday Agreement (1998) proposed a Bill of Rights to advance civil and political rights on the island of Ireland, but this still awaits drafting and implementation.
State actors, including the State Solicitor’s Office, the Office of the Attorney General and IHREC, demonstrate respect for civil rights and effectively safeguard them by identifying, prosecuting and punishing violations. However, policies implemented by state institutions are limited in preventing discrimination based on factors such as gender, identity, sexual orientation, physical and mental ability, health, age, ethnic origin, social status, political views or religion. An IHREC assessment (2022) found that more can be done by statutory bodies to address their obligations and public duty to advance equality and human rights. Positive discrimination measures, such as gender candidate quotas, are in use, but there are few special representation rights or autonomy rights protecting disadvantaged individuals or minority groups. The 2023 Enhanced Capacity Bill protects the autonomy of those with restricted decision-making capacity and is currently being enforced.
The UN Human Rights Commission (HRC) has found inadequacies in redress schemes for women and children who had resided in or been confined to state-funded institutions, and for women subjected to surgical procedures during childbirth without their informed consent (Amnesty International, 2023). Additionally, the UN HRC has noted concerns related to access to adequate housing, including for Ukrainians and other refugees, the criminalization of sex work, sexual and reproductive rights, mass surveillance by law enforcement, and limits on donations to advocacy and rights organizations.
Citations:
Civil Liberties Union for Europe. 2022. “Liberties Rule of Law Report 2022 Ireland.” https://www.iccl.ie/wp-content/uploads/2022/02/IRELAND_Rule-of-Law-Report_2022.pdf
IHREC. 2023. “Annual Report 2022.” https://www.ihrec.ie/documents/annual-report-2022/
Amnesty International. 2023. Amnesty International Report 2022/23: The State of the World’s Human Rights.
These institutions use the courts to safeguard personal liberty against both state and non-state actors, including rights such as the right to life and security, prohibition of torture and inhumane treatment or punishment, protection of privacy, equality before the law, equal access to justice and due process under the rule of law, such as protection against arbitrary imprisonment without due process. The Good Friday Agreement (1998) proposed a Bill of Rights to advance civil and political rights on the island of Ireland, but this still awaits drafting and implementation.
State actors, including the State Solicitor’s Office, the Office of the Attorney General and IHREC, demonstrate respect for civil rights and effectively safeguard them by identifying, prosecuting and punishing violations. However, policies implemented by state institutions are limited in preventing discrimination based on factors such as gender, identity, sexual orientation, physical and mental ability, health, age, ethnic origin, social status, political views or religion. An IHREC assessment (2022) found that more can be done by statutory bodies to address their obligations and public duty to advance equality and human rights. Positive discrimination measures, such as gender candidate quotas, are in use, but there are few special representation rights or autonomy rights protecting disadvantaged individuals or minority groups. The 2023 Enhanced Capacity Bill protects the autonomy of those with restricted decision-making capacity and is currently being enforced.
The UN Human Rights Commission (HRC) has found inadequacies in redress schemes for women and children who had resided in or been confined to state-funded institutions, and for women subjected to surgical procedures during childbirth without their informed consent (Amnesty International, 2023). Additionally, the UN HRC has noted concerns related to access to adequate housing, including for Ukrainians and other refugees, the criminalization of sex work, sexual and reproductive rights, mass surveillance by law enforcement, and limits on donations to advocacy and rights organizations.
Citations:
Civil Liberties Union for Europe. 2022. “Liberties Rule of Law Report 2022 Ireland.” https://www.iccl.ie/wp-content/uploads/2022/02/IRELAND_Rule-of-Law-Report_2022.pdf
IHREC. 2023. “Annual Report 2022.” https://www.ihrec.ie/documents/annual-report-2022/
Amnesty International. 2023. Amnesty International Report 2022/23: The State of the World’s Human Rights.
To what extent are public officeholders prevented from abusing their position for private interests?
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9
9
Legal, political and public integrity mechanisms effectively prevent public officeholders from abusing their positions.
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6
7
6
Most integrity mechanisms are effective and provide disincentives for public officeholders to abuse their positions.
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4
3
4
3
Few integrity mechanisms are effective and provide disincentives for public officeholders to abuse their positions.
2
1
1
Public officeholders can exploit their offices for private gain as they see fit without fear of legal consequences or adverse publicity.
The history of corruption in Ireland includes several high-profile tribunals concerning land rezoning, planning, media and telephone licenses, construction and the meat industry, involving prominent politicians. Public awareness of corruption is high, leading to high self-assessment scores in GRECO and TPI benchmarking exercises, although these scores can often be attributed to perception and awareness. Nonetheless, there have been genuine instances of planning and policing corruption, particularly in relation to issuing and recording traffic penalties in recent years.
Established public accounting standards facilitate the detection of corruption. The Standards in Public Office Commission (SIPO) regulates and monitors party and political financing, including third-party political financing from abroad. This involves limits on private income, direct public funding of parties, spending regulations, reporting, oversight and sanctions. Rules for officeholders with a certain income or level of function include asset declarations, conflict of interest declarations and associated reporting, sanctions, oversight and enhancing accountability. The system of public procurement procedures, guided by EU directives, is complex but transparent, covering scope, information availability and open competition.
The Regulation of Lobbying Act, passed in 2015, established an extensive web-based register for lobbying, actively used by lobbyists. The database is searchable by lobbyist, target, content and intended outcomes, promoting open and transparent policymaking (Murphy 2018). The Office of Lobbying Regulation, within SIPO, has an enforcement role. Independent of government, industry and other sectional interests, these integrity mechanisms are effectively implemented, with relatively good compliance, prosecutions and penalties, leading to two recent high-profile ministerial resignations.
Surveys of trust in public institutions in 2022 found that 76% of respondents in Ireland had high expectations for the fair processing of applications for government benefits or services (Boyle et al. 2022). However, 39% also believed that a public employee in Ireland was likely to accept a bribe, the fourth highest percentage among countries surveyed. GRECO (2022) found that Ireland had satisfactorily implemented only three of 11 previous GRECO recommendations related to ethics, standards in public office, and judicial appointments, rating the compliance level as “globally unsatisfactory.” While the “non-compliance procedure” was applied, some issues have since been addressed. In July 2023, the government approved orders to transfer responsibility for functions related to ethics legislation and the Standards in Public Office Commission to the Minister for Public Expenditure, NDP Delivery and Reform. These include functions under the Ethics in Public Office Act 1995, the Standards in Public Office Act 2001 (known as the Ethics Acts), the Regulation of Lobbying Act 2015, the Regulation of Lobbying (Amendment) Act 2022, the Ministerial and Parliamentary Offices Act 1938 (as amended), and the Electoral Act 1997 (as amended), addressing one of the outstanding issues in GRECO (2022) compliance.
Citations:
Boyle, R., O’Leary, F., and O’Neill, J. 2022. Public Sector Trends. Dublin: Institute of Public Administration (IPA).
Murphy, G. 2018. “The Policymaking Process.” In Politics in the Republic of Ireland, eds. J. Coakley and M. Gallagher, 270-294. London: Routledge.
Council of Europe Portal. 2022. “GRECO Ireland - Publication of the Second Compliance Report of the 4th Evaluation Round - Group of States against Corruption.” https://www.coe.int/en/web/greco/-/ireland-publication-of-the-second-compliance-report-of-the-4th-evaluation-round
Byrne, E. 2012. Political Corruption in Ireland 1922–2010: A Crooked Harp?. Manchester: Manchester University Press.
Established public accounting standards facilitate the detection of corruption. The Standards in Public Office Commission (SIPO) regulates and monitors party and political financing, including third-party political financing from abroad. This involves limits on private income, direct public funding of parties, spending regulations, reporting, oversight and sanctions. Rules for officeholders with a certain income or level of function include asset declarations, conflict of interest declarations and associated reporting, sanctions, oversight and enhancing accountability. The system of public procurement procedures, guided by EU directives, is complex but transparent, covering scope, information availability and open competition.
The Regulation of Lobbying Act, passed in 2015, established an extensive web-based register for lobbying, actively used by lobbyists. The database is searchable by lobbyist, target, content and intended outcomes, promoting open and transparent policymaking (Murphy 2018). The Office of Lobbying Regulation, within SIPO, has an enforcement role. Independent of government, industry and other sectional interests, these integrity mechanisms are effectively implemented, with relatively good compliance, prosecutions and penalties, leading to two recent high-profile ministerial resignations.
Surveys of trust in public institutions in 2022 found that 76% of respondents in Ireland had high expectations for the fair processing of applications for government benefits or services (Boyle et al. 2022). However, 39% also believed that a public employee in Ireland was likely to accept a bribe, the fourth highest percentage among countries surveyed. GRECO (2022) found that Ireland had satisfactorily implemented only three of 11 previous GRECO recommendations related to ethics, standards in public office, and judicial appointments, rating the compliance level as “globally unsatisfactory.” While the “non-compliance procedure” was applied, some issues have since been addressed. In July 2023, the government approved orders to transfer responsibility for functions related to ethics legislation and the Standards in Public Office Commission to the Minister for Public Expenditure, NDP Delivery and Reform. These include functions under the Ethics in Public Office Act 1995, the Standards in Public Office Act 2001 (known as the Ethics Acts), the Regulation of Lobbying Act 2015, the Regulation of Lobbying (Amendment) Act 2022, the Ministerial and Parliamentary Offices Act 1938 (as amended), and the Electoral Act 1997 (as amended), addressing one of the outstanding issues in GRECO (2022) compliance.
Citations:
Boyle, R., O’Leary, F., and O’Neill, J. 2022. Public Sector Trends. Dublin: Institute of Public Administration (IPA).
Murphy, G. 2018. “The Policymaking Process.” In Politics in the Republic of Ireland, eds. J. Coakley and M. Gallagher, 270-294. London: Routledge.
Council of Europe Portal. 2022. “GRECO Ireland - Publication of the Second Compliance Report of the 4th Evaluation Round - Group of States against Corruption.” https://www.coe.int/en/web/greco/-/ireland-publication-of-the-second-compliance-report-of-the-4th-evaluation-round
Byrne, E. 2012. Political Corruption in Ireland 1922–2010: A Crooked Harp?. Manchester: Manchester University Press.
Graph View
Do members of the legislature possess sufficient personnel and structural resources to effectively monitor government activities?
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As a group, legislative members have access to a range of resources that are suited for effectively monitoring all government activity.
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As a group, legislative members have access to a range of resources that are suited for effectively monitoring a government’s key activities.
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As a group, legislative members have access to a range of resources that are suited for selectively monitoring some government activities.
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The resources provided to legislative members are not suited for any effective monitoring of the government.
The legislature, Oireachtas Éireann (the Irish parliament), has three main tasks in policymaking: participating in the legislative process, performing control and scrutiny functions, and providing legitimacy for public policy. Connaughton (2021) notes the emergence of executive and party-political dominance due to the existence of the party whip system, a historical lack of resources, a weak committee system, the use of standing orders rules, and Ireland’s political culture of service through local constituency affairs. Following 2016, a sub-committee on parliamentary Dáil reform recommended more independence for the Dáil and less government control. Under the label of “New Politics,” much depends on the nature of government and opposition (Connaughton 2021).
The legislature now exercises control over its resources and operations. A 2016 parliamentary business committee determines committee and parliamentary activity, supported by deputies’ expert staff, administrative support staff (e.g., research units) and monetary allowances for independent research. Parliamentary committees play a crucial role by allowing members to call expert witnesses and explore the implications of proposed legislation. Notable progress has been made by the Joint Committee on Environment and Climate Action, a cross-party and bicameral initiative that has proposed innovative policies. Additionally, the mechanism of parliamentary questions, both oral and written, has been used innovatively, though sometimes misused. The Parliamentary Budget Office, a practice well established in other parliaments but new to Ireland, is still evolving but has already proven useful to opposition parties. It aids in costing alternative budgets and policy proposals and advancing processes such as gender and poverty proofing.
The Oireachtas Library and Research Service, which manages the Irish parliamentary library, has become more effective in recent years, servicing individual members of the Houses of the Oireachtas, committees and staff of both houses. Although resources are considered inadequate relative to peer jurisdictions in the EU (e.g., Denmark, Finland and Sweden), they are improving. While ministers recruit advisers and experts, there are no internships that allow members to recruit researchers. However, a system of secondments has recently been established, indicating growth in legislative and research capacity.
Citations:
Connaughton, B. 2021. Committees and the Legislature: Policy Analysis in Ireland. Bristol: Policy Press.
Houses of the Oireachtas. 2023. “Library & Research Service.” https://data.oireachtas.ie/ie/oireachtas/libraryResearch/2024/2024-01-03_bill-digest-thirty-ninth-amendment-of-the-constitution-family-bill-2023_en.pdf
Houses of the Oireachtas. 2023. “Parliamentary Questions.” https://www.oireachtas.ie/en/debates/questions/
Houses of the Oireachtas. 2023. “The Parliamentary Budget Office (PBO).” https://www.oireachtas.ie/en/publications/?author=parliamentary-budget-office
The legislature now exercises control over its resources and operations. A 2016 parliamentary business committee determines committee and parliamentary activity, supported by deputies’ expert staff, administrative support staff (e.g., research units) and monetary allowances for independent research. Parliamentary committees play a crucial role by allowing members to call expert witnesses and explore the implications of proposed legislation. Notable progress has been made by the Joint Committee on Environment and Climate Action, a cross-party and bicameral initiative that has proposed innovative policies. Additionally, the mechanism of parliamentary questions, both oral and written, has been used innovatively, though sometimes misused. The Parliamentary Budget Office, a practice well established in other parliaments but new to Ireland, is still evolving but has already proven useful to opposition parties. It aids in costing alternative budgets and policy proposals and advancing processes such as gender and poverty proofing.
The Oireachtas Library and Research Service, which manages the Irish parliamentary library, has become more effective in recent years, servicing individual members of the Houses of the Oireachtas, committees and staff of both houses. Although resources are considered inadequate relative to peer jurisdictions in the EU (e.g., Denmark, Finland and Sweden), they are improving. While ministers recruit advisers and experts, there are no internships that allow members to recruit researchers. However, a system of secondments has recently been established, indicating growth in legislative and research capacity.
Citations:
Connaughton, B. 2021. Committees and the Legislature: Policy Analysis in Ireland. Bristol: Policy Press.
Houses of the Oireachtas. 2023. “Library & Research Service.” https://data.oireachtas.ie/ie/oireachtas/libraryResearch/2024/2024-01-03_bill-digest-thirty-ninth-amendment-of-the-constitution-family-bill-2023_en.pdf
Houses of the Oireachtas. 2023. “Parliamentary Questions.” https://www.oireachtas.ie/en/debates/questions/
Houses of the Oireachtas. 2023. “The Parliamentary Budget Office (PBO).” https://www.oireachtas.ie/en/publications/?author=parliamentary-budget-office
Are legislative committees able to exercise oversight of government activities in practice?
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The legislature is able to exercise its oversight function.
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The legislature is able to exercise its oversight function most of the time.
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The legislature faces constraints in exercising its oversight function in a significant number of cases.
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The legislature’s oversight function is frequently and severely compromised.
The system of legislative scrutiny in Ireland involves each bill passing through five stages between both houses and relevant committees before approval. This process allows the legislature to exercise its oversight function. However, it can become ineffective when the government controls committees, guillotines debates, rejects amendments and exerts excessive control through party whips. Local government in Ireland has long been considered weak by international standards, with highly centralized controls (Torney and O’Mahony, 2023; Collins and Quilivan, 2010). This centralization results in national legislators focusing less on national policy, which is detrimental to good governance (Murphy, 2019).
The financial crisis that emerged in 2008 highlighted the shortcomings of an ineffective committee system and related weaknesses in policymaking, analysis and scrutiny. Since then, significant improvements have been made in legislative committee capacity and practice, enhancing effective oversight of the government (Connaughton 2021). Reforms include the establishment of a new business committee and a budget oversight committee, an increase in the number of committees and the time allocated to committee hearings, the extension of pre-legislative scrutiny to non-government bills, the introduction of a formal post-legislative scrutiny process, and increased scheduled time for private members’ bills. Parliamentary committees now have the power to acquire documents from the government, summon ministers to committee meetings, and hold them accountable by posing relevant questions. Generally, documents are provided in their entirety and within a reasonable timeframe, and ministers comply with invitations and provide relatively satisfactory answers. However, in practice, evasive answers are common, and there is often a need to ask precise questions to avoid uncomfortable conclusions.
Citations:
Connaughton, B. 2021. Committees and the Legislature: Policy Analysis in Ireland. Bristol: Policy Press.
Murphy, M. P. 2019. “More Power to You – Democracy Works If You Let It.” Fórsa Report. https://www.forsa.ie/morepower/more-power-to-you-launch-and-report/
Collins, N., and A. Quinlivan. 2010. “Multilevel Governance.” In Politics in the Republic of Ireland, 5th edition, eds. J. Coakley and M. Gallagher. Routledge. https://doi.org/10.4324/9780203869505
Torney, D., and O’Mahony, T. 2023. “Transforming Governance and Policy.” Volume 4 of Irish Climate Change Assessment. https://www.epa.ie/publications/monitoring–assessment/climate-change/ICCA_Volume-4.pdf
The financial crisis that emerged in 2008 highlighted the shortcomings of an ineffective committee system and related weaknesses in policymaking, analysis and scrutiny. Since then, significant improvements have been made in legislative committee capacity and practice, enhancing effective oversight of the government (Connaughton 2021). Reforms include the establishment of a new business committee and a budget oversight committee, an increase in the number of committees and the time allocated to committee hearings, the extension of pre-legislative scrutiny to non-government bills, the introduction of a formal post-legislative scrutiny process, and increased scheduled time for private members’ bills. Parliamentary committees now have the power to acquire documents from the government, summon ministers to committee meetings, and hold them accountable by posing relevant questions. Generally, documents are provided in their entirety and within a reasonable timeframe, and ministers comply with invitations and provide relatively satisfactory answers. However, in practice, evasive answers are common, and there is often a need to ask precise questions to avoid uncomfortable conclusions.
Citations:
Connaughton, B. 2021. Committees and the Legislature: Policy Analysis in Ireland. Bristol: Policy Press.
Murphy, M. P. 2019. “More Power to You – Democracy Works If You Let It.” Fórsa Report. https://www.forsa.ie/morepower/more-power-to-you-launch-and-report/
Collins, N., and A. Quinlivan. 2010. “Multilevel Governance.” In Politics in the Republic of Ireland, 5th edition, eds. J. Coakley and M. Gallagher. Routledge. https://doi.org/10.4324/9780203869505
Torney, D., and O’Mahony, T. 2023. “Transforming Governance and Policy.” Volume 4 of Irish Climate Change Assessment. https://www.epa.ie/publications/monitoring–assessment/climate-change/ICCA_Volume-4.pdf
Do legislative committees have the capacity to investigate unconstitutional or illegal activities carried out by the executive branch?
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The legislature is able to exercise its investigation function.
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The legislature is able to exercise its investigation function most of the time.
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The legislature faces constraints in exercising its investigation function in a significant number of cases.
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The legislature’s investigation function is frequently and severely compromised
Opposition parties in the Irish legislature can initiate investigations against the will of the governing party or coalition, particularly when they control and chair parliamentary committees. However, the most significant inquiry, the 2014 Banking Inquiry, revealed that despite directing issues of public controversy and policy fiasco toward such inquiries, the houses of the Oireachtas lack the competence, capacity and resources to effectively conduct them. After the 2008 banking and financial crisis, dissatisfaction with parliamentary committees’ ability to establish personal liability led to an attempted constitutional amendment in 2011 to increase their investigative powers, which ultimately failed.
In general, it is unlikely that investigative activities would result in an unfavorable decision or report, as this could have major consequences for the government, potentially leading to its dissolution. However, the Public Accounts Committee (PAC), always chaired by an opposition party member, is considered particularly effective in its investigative role. Recently, even committees chaired by government backbench representatives have proven effective. An example is the 2023 parliamentary investigation of the national broadcaster, RTÉ, conducted by several committees, including the PAC. Nonetheless, investigations can be less effective when the government controls the committees.
Citations:
Connaughton, B. 2021. Committees and the Legislature: Policy Analysis in Ireland. Bristol: Policy Press.
In general, it is unlikely that investigative activities would result in an unfavorable decision or report, as this could have major consequences for the government, potentially leading to its dissolution. However, the Public Accounts Committee (PAC), always chaired by an opposition party member, is considered particularly effective in its investigative role. Recently, even committees chaired by government backbench representatives have proven effective. An example is the 2023 parliamentary investigation of the national broadcaster, RTÉ, conducted by several committees, including the PAC. Nonetheless, investigations can be less effective when the government controls the committees.
Citations:
Connaughton, B. 2021. Committees and the Legislature: Policy Analysis in Ireland. Bristol: Policy Press.
To what extent are the organization and operations of legislative committees effective in guiding the development of legislative proposals?
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The organization and operations of legislative committees are well-suited for effectively monitoring ministry activity.
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The organization and operations of legislative committees are, for the most part, suited for effectively monitoring ministry activity.
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The organization and operations of legislative committees are rarely suitable for monitoring ministry activity.
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The organization and operations of legislative committees are not at all suitable for monitoring ministry activity.
The task areas of legislative committees generally align with those of ministries but there can also be effective specific task focused committees -for example gender equality committee- or overlapping coordination committees in the examples of Covid 19 and climate action. The size of committees (up to 15 members) and their frequent meetings (often weekly during parliamentary terms) enable effective monitoring and discussion of ministerial activities. Opposition parties can chair legislative committees, which are distributed on a pro-rata proportional basis. Notably, the Public Accounts Committee (PAC), the most powerful committee, must be chaired by an opposition member. Draft legislation can and does change as a result of committee deliberations. Cross-cutting policy areas, typically organized under specific ministries (such as PMOs, finance ministries or “super-ministries”), tend to be managed by cabinet-level committees or cabinet subcommittees. However, these entities face considerable challenges in delivering policy integration across the policy silos that characterize Irish policy, particularly in sustainable development and climate action, which significantly impacts policy effectiveness (Torney and O’Mahony, 2023; Flynn and Ó hUiginn, 2019).
The Government Legislation Committee (GLC) is chaired by the government chief whip and includes members such as the attorney general, the chief parliamentary counsel, the program managers of the main parties in government, the leader of Seanad Éireann (the upper house of the Irish Parliament) and representatives of the Department of the Taoiseach and the Office of Parliamentary Counsel (OPC). The process of determining the legislative timetable can be opaque. The OPC works closely with the GLC to ensure that the government legislation program is implemented. The GLC assists the government in setting legislative priorities and implementing the government legislation program. The OPC, part of the Attorney General’s office, recommends to the government the level of priority for drafting each Bill and anticipates blockages, suggesting appropriate actions to avoid delays. Lynch (2017) and Lynch et al. (2017) have assessed the effects of legislative reforms on improving the Irish legislature. However, they express caution in drawing conclusions due to the complexities associated with coalition governments.
Citations:
Lynch, C. 2017. “The Effect of Parliamentary Reforms (2011-2016) on the Oireachtas Committee System.” Administration 65 (2): 59-87.
Lynch, C., O’Malley, E., Reidy, T., Farrell, D., and Suiter, J. 2017. “Dáil Reforms since 2011: Pathway to Power for the ‘Puny’ Parliament?” Administration 65 (2): 37-57.
Flynn, B., and P. Ó hUiginn. 2019. Environmental Policy Integration: Innovation and Change. Environmental Protection Agency. https://www.epa.ie/publications/research/socio-economics/Research_Report_290.pdf
Torney, D., and O’Mahony, T. 2023. “Transforming Governance and Policy.” In Irish Climate Change Assessment, Volume 4, Chapter 7. https://www.epa.ie/publications/monitoring–assessment/climate-change/ICCA_Volume-4.pdf
The Government Legislation Committee (GLC) is chaired by the government chief whip and includes members such as the attorney general, the chief parliamentary counsel, the program managers of the main parties in government, the leader of Seanad Éireann (the upper house of the Irish Parliament) and representatives of the Department of the Taoiseach and the Office of Parliamentary Counsel (OPC). The process of determining the legislative timetable can be opaque. The OPC works closely with the GLC to ensure that the government legislation program is implemented. The GLC assists the government in setting legislative priorities and implementing the government legislation program. The OPC, part of the Attorney General’s office, recommends to the government the level of priority for drafting each Bill and anticipates blockages, suggesting appropriate actions to avoid delays. Lynch (2017) and Lynch et al. (2017) have assessed the effects of legislative reforms on improving the Irish legislature. However, they express caution in drawing conclusions due to the complexities associated with coalition governments.
Citations:
Lynch, C. 2017. “The Effect of Parliamentary Reforms (2011-2016) on the Oireachtas Committee System.” Administration 65 (2): 59-87.
Lynch, C., O’Malley, E., Reidy, T., Farrell, D., and Suiter, J. 2017. “Dáil Reforms since 2011: Pathway to Power for the ‘Puny’ Parliament?” Administration 65 (2): 37-57.
Flynn, B., and P. Ó hUiginn. 2019. Environmental Policy Integration: Innovation and Change. Environmental Protection Agency. https://www.epa.ie/publications/research/socio-economics/Research_Report_290.pdf
Torney, D., and O’Mahony, T. 2023. “Transforming Governance and Policy.” In Irish Climate Change Assessment, Volume 4, Chapter 7. https://www.epa.ie/publications/monitoring–assessment/climate-change/ICCA_Volume-4.pdf