Code of Conduct - Electoral Commission

Code of Business Conduct and Business Ethics

Introduction

An Coimisiún Toghcháin (An Coimisiún) is an independent, statutory body with responsibility for a broad range of electoral functions in Ireland. It is the objective of An Coimisiún to ensure that the highest possible standards of integrity, probity and business ethics are maintained throughout the organisation.

This Code sets out the guidelines and principles to be followed for that purpose, and is formulated to reflect obligations falling equally on both members and staff of An Coimisiún in the carrying out of their public duties under the Electoral Reform Act 2022 and in meeting other statutory requirements and obligations.

The requirements under this Code apply in addition to the obligations under the Ethics in Public Office Acts 1995 and 2001 which require that members of An Coimisiún, complete an annual Statement of Interests in January each year.

Principles

An Coimisiún are committed to ensuring the highest ethical standards in its work and will at all times strive to adhere to this commitment through its observance of the principles of responsibility, integrity, probity, loyalty, commitment, and will comply with all material legislative and regulatory obligations.

Responsibility

Members of An Coimisiún and staff occupying designated positions of employment shall comply with their obligations under the Ethics Acts.
Members of An Coimisiún serve and act in a collective corporate capacity to support the work of An Coimisiún Toghcháin.
Members of An Coimisiún do not represent their own interests or any other interest.
Members of An Coimisiún fulfil their obligations under the Electoral Reform Act 2022 in good faith and with due diligence and care.

Integrity

An Coimisiún will ensure a culture and practice of claiming vouched expenses only as appropriate to business needs and in accordance with good practice in the public sector generally. Policies associated with travel and expenses will be adhered to by all staff and members of An Coimisiún.
Members of An Coimisiún shall avoid giving or receiving corporate or personal gifts, preferential treatment or benefits, or hospitality save in connection with Commission business, which were made or might reasonably appear to have been made in connection with or on account of their membership of An Coimisiún.
Members of An Coimisiún shall not accept representations in whatsoever form made by or on behalf of any party or individuals that may or could be perceived as likely to impact the independence/integrity of An Coimisiún.
Staff members are required to adhere to the guidelines for the implementation of the Civil Service Code of Standards and Behaviour, which can be found at https://www.sipo.ie/acts-and-codes/codes-of-conduct/civil-servants/Civil-Service-Code-of-Standards.pdf.

Commitment

A responsibility of loyalty to the principles of An Coimisiún is recognised together with a commitment to the highest standards of business ethics.
Members of An Coimisiún shall attend all meetings of An Coimisiún, in-person where practicable, however, virtual attendance is acceptable
Members of An Coimisiún and staff are committed to this Code of Conduct and Business Ethics, and all statutory obligations.
The acceptance of further employment by a Member of An Coimisiún where the potential for conflict or perceived conflict of interest arises should be avoided for a period of one year after their role as Board member has ceased.

Compliance

Members of An Coimisiún and staff occupying designated positions of employment shall comply with their obligations under the Ethics Acts.
Members of An Coimisiún and staff act in accordance with this Code and with the rules, regulations and guidance adopted by An Coimisiún in its work.
Members of An Coimisiún and staff comply with all other prevailing legislative, statutory obligation and regulatory measures affecting them.
Members of An Coimisiún and staff will comply with all tendering and purchasing procedures and stated levels of authority for sanctioning expenditure.
Co-operation with internal audit in the internal audit process is required.

Information

Having regard to the nature of their position, all members of An Coimisiún and staff are privy to information and material which is confidential to An Coimisiún. Confidentiality is to be maintained concerning information of personal, confidential and commercial interests.
Members of An Coimisiún and staff shall facilitate access to general information relating to An Coimisiún in a way that enhances accountability to the general public.
Members of An Coimisiún and staff shall not release sensitive or personal information in regard to any person without prior consent of that person.
Members of An Coimisiún and staff shall ensure compliance with statutory provisions relating to the protection of data and information.
Former members of An Coimisiún and staff members are required to maintain confidentiality in regard to the business of An Coimisiún. Members of An Coimisiún should not retain documentation obtained during their terms and should return such documentation to the Secretary or otherwise indicate to the Secretary that all such documentation in their possession has been disposed of in an appropriate manner. In the event that former members require access to papers from the time of their term, this may be facilitated by the An Coimisiún Secretary.

Administration including Workplace

An Coimisiún will

Implement best practice in public service administration through policies and practices and appropriate management and reporting structures to ensure the proper use of resources and controls, including financial controls.
Ensure that plans, reports and accounts accurately reflect the activities of the business.
Ensure compliance with employment equality, equal status and disability legislation while promoting and preserving the health and safety of all staff.
Promote the development of a positive, open and inclusive workplace culture whereby staff can raise concerns without fear of reprisal.
Implement work practices and policies that are socially, economically and environmentally sustainable.
Provide training and information that enables all to discharge their duties.

General

All members of An Coimisiún and staff are required to operate within these guidelines in this Code, which are designed to ensure the maintenance of acceptable standards of integrity of An Coimisiún.
This Code and the policy on disclosure of interests will be circulated to all members of An Coimisiún and staff, who shall acknowledge receipt of same.
This Code is reviewed as necessary but no later than two year intervals.

Corporate Services & Governance

25^th April 2023