Helpful BAI Statement on new Code of Business Conduct Issued today

“Please note that this code has been updated in recent weeks and a new version has been placed online today; it is viewable here: http://www.bai.ie/wordpress/wp-content/uploads/20131119_RevisedCodeOfBusinessConduct_PK.pdf

Employees who infringe the Code of Business Conduct may be subject to the disciplinary policy and procedures in place for BAI staff. The application of a sanction would be dependent on the specifics of a breach of the Code. The procedures provide for four stages as follows:-

Stage 1 – formal verbal warning;
Stage 2 – first written warning;
Stage 3 – final written warning;
Stage 4 – dismissal or other disciplinary action.

In an instance of gross misconduct, the BAI may summarily dismiss an employee. In this situation, a full investigation will be carried out under the direction of the Chief Executive.

Certain staff members holding ‘designated positions’ and members of the statutory Authority and Committees are subject to the obligations placed on them by the Ethics in Public Office Act, 1995 and the Standards in Public Office Acts, 1995 and 2001. ‘Designated positions’ refer to staff at the grade of Higher Executive Officer and higher. Authority and Committee members as well as staff are also subject to Sections 21 and 22 of the Broadcasting Act 2009 and this is dealt with in the Code of Conduct. In addition, Section 20 of the Broadcasting Act places duties of accountability to Oireachtas Committees on the Chief Executive, Chairperson of the Authority and the Chairpersons of the Statutory Compliance and Contract Awards Committees.

Complaints of a perceived breach of the Ethics in Public Office Act, 1995 and the Standards in Public Office Acts, 1995 and 2001 can be made to the Standards in Public Office Commission (http://www.sipo.gov.ie.), in the case of members of the Authority or Statutory Committees. Complaints of a perceived breach in the case of ‘designated positions’ can be made to the Chief Executive of the BAI, or in the event that the complaint relates to the Chief Executive, the Chairperson of the Authority

In the case of complaints relating to any other matters covered by the Code of Business Conduct the following would apply:
– If a complaint relates to a member of staff, a complaint should be notified to the CEO
– If a complaint relates to the CEO, a complaint should be notified to the Chairperson of Authority
– If a complaint relates to a member of the Authority, it should be notified to the Chairperson of the Authority. Similarly, if a complaint relates to a member of either statutory Committee, it should be notified to Chairperson of the Committee
– If a complaint relates to any of the Chairpersons, then it should be notified to the Minister
– Given that the Chief Executive and the Chairpersons of the Committees have duties of accountability to the Public Accounts Committee and other Oireachtas Committees, then that avenue would also be open to a complainant.

With regard to sanction in respect of Authority/Committee Members, my understanding is that it would be
a) dependent on the nature of the breach of the Code of Business Conduct and b) any sanctions such as removal from office, for example, is solely a matter for Government, provided for under section 10 of the Broadcasting Act 2009”