Ethics in Public Office Act, 1995
Acts of the Oireachtas
Source: Acts of the Oireachtas

num: 1
paragraphs: —(1) This Act may be cited as the Ethics in Public Office Act, 1995.
(2) (a) (i) Subject to subparagraph (ii), this Act shall come into operation on such day as the Government appoint by order.
(ii) Subparagraph (i) does not apply to—
(I) Part II ,
(II) Part III in so far as it relates to the Chairman and Deputy Chairman of each House, or
(III) Parts V and VI in so far as they relate to members.
(b) (i) If either House by resolution so declares—
(I) Part II in so far as it relates to that House and its members and Clerk and its committees and their members and clerks,
(II) Part III in so far as it relates to the Chairman and Deputy Chairman of that House, and
(III) Parts V and VI in so far as they relate to members of that House,
shall come into operation on such day as may be specified in the resolution.
(ii) If each House by resolution so declares, Part II shall come into operation on such day as may be specified in the resolution in so far as it relates to joint committees of both Houses and their members and clerks.
(c) (i) If either House by resolution so declares—
(I) Part II in so far as it relates to that House and its members and Clerk and its committees and their members and clerks,
(II) Part III in so far as it relates to the Chairman and Deputy Chairman of that House, and
(III) Parts V and VI in so far as they relate to members of that House,
shall cease to be in operation as on and from such day as may be specified in the resolution.
(ii) If either House by resolution so declares, Part II shall cease to be in operation as on and from such day as may be specified in the resolution in so far as it relates to joint committees of both Houses and their members and clerks.
(3) The Prevention of Corruption Acts, 1889 to 1916, and section 38 may be cited together as the Prevention of Corruption Acts, 1889 to 1995.
num: 2
paragraphs: —(1) In this Act, save where the context otherwise requires—
“act” includes omission or failure to act and a reference to the doing of an act includes a reference to the making of an omission, and any cognate words shall be construed accordingly;
“actual knowledge” means actual, direct and personal knowledge as distinct from constructive, implied or imputed knowledge and includes, in relation to a fact, belief in its existence the grounds for which are such that a reasonable person who is aware of them could not doubt or disbelieve that the fact exists;
“additional interests” has the meaning assigned to it by section 13 ;
“benefit” includes—
(a) a right, privilege, office or dignity and any forbearance to demand money or money's worth or a valuable thing,
(b) any aid, vote, consent or influence or pretended aid, vote, consent or influence,
(c) any promise or procurement of or agreement or endeavour to procure, or the holding out of any expectation of, any gift, loan, fee, reward or other thing aforesaid,
or other advantage and the avoidance of a loss, liability, penalty, forfeiture, punishment or other disadvantage;
“Clerk” means, in relation to members of DÃ¡il Ãireann, the Clerk of DÃ¡il Ãireann and, in relation to members of Seanad Ãireann, the Clerk of Seanad Ãireann;
“commercial price”, in relation to the supply of property, whether real or personal, or the supply of a service, and “commercial consideration”, in relation to the lending of property, means—
(a) where the person by whom the property is supplied or lent or the service is supplied carries on a business consisting wholly or partly of the supply or lending of property or the supply of a service, the lowest price or consideration charged by him or her for the supply or lending in the normal course of business of an equivalent amount of property of the same kind or for the supply of a service of the same kind and to the same extent (allowance being made for any discount which is normally given by him or her in respect of the supply or lending of property of the same kind or the supply of a service of the same kind) at or about the time of the first-mentioned supply or lending of property or the first-mentioned supply of a service, and
(b) where the person by whom the property is supplied or lent or the service is supplied does not carry on a business consisting wholly or partly of the supply or lending of property or the supply of a service of the same kind, the lowest price or consideration for which an equivalent amount of property of the same kind may be purchased or taken on loan or a service of the same kind and to the same extent may be procured in the normal course of business (allowance being made for any discount which is normally given in respect of the supply or lending of property of the same kind or the supply of a service of the same kind) at or about the time of the first-mentioned supply or lending of property or the first-mentioned supply of a service from a person who carries on such a business;
“the Commission” means the commission established by section 21 ;
“the Committee”, in relation to DÃ¡il Ãireann or members of DÃ¡il Ãireann, means the Committee on Members' Interests of DÃ¡il Ãireann appointed under section 8 and, in relation to Seanad Ãireann or members of Seanad Ãireann, means the Committee on Members' Interests of Seanad Ãireann appointed under section 8 and “a Committee” means, as the context may require, each of those committees or either of them;
“committee” and “joint committee” include a sub-committee of a committee or, as the case may be, joint committee;
“company” means any body corporate;
“connected person”, in relation to a person, shall be construed in accordance with subsection (2);
“designated directorship”, in relation to a public body, means a prescribed directorship of that body;
“designated position”, in relation to a public body, means a prescribed position of employment in that body;
num: 3
paragraphs: —(1) Subject to subsection (3), the Minister may—
(a) by regulations provide for any matter referred to in this Act as prescribed or to be prescribed, and
(b) make regulations generally for the purpose of giving effect to this Act and, if in any respect any difficulty arises during the period of two years after the commencement of this section in bringing into operation this Act, by regulations do anything which appears to be necessary or expedient for bringing this Act into operation.
(2) Regulations under this section may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the regulations.
(3) The Minister may prescribe—
(a) for the purposes of the definition of “designated directorship” in section 2 , a directorship of a public body, or
(b) for the purposes of the definition of “designated position” in section 2 , a position of employment in a public body,
if, but only if, he or she considers that it is necessary in the public interest to do so in order to ensure, in a case in which, in the opinion of the Minister, a conflict could arise between an interest referred to in section 17 or, as the case may be, section 18 and the public interest in the performance of a function of such a directorship or position, that the function will not be performed without the disclosure of the first-mentioned interest.
(4) Before making regulations in relation to a matter referred to in subsection (3), the Minister shall consult with such other Ministers of the Government (if any) as he or she considers appropriate.
(5) (a) The Minister may, by regulations under this section, vary, having regard to any change in the value of money occurring after the passing of this Act, any monetary amount specified in this Act (other than sections 37 and 38 ).
(b) If, on any amendment of the law relating to elections, it appears to the Minister to be expedient—
(i) to amend section 2 (1) for the purpose of assimilating “commercial price” to any definition of “commercial price” in that law, or
(ii) to amend section 15 (7) for the purpose of assimilating the definition of “donation” to any definition of “donation” in that law,
the Minister may for those purposes by regulations amend the definition mentioned first in subparagraph (i) or, as may be appropriate, the definition mentioned first in subparagraph (ii).
(c) Where regulations under this subsection are proposed to be made, a draft of the regulations shall be laid before each House and the regulations shall not be made until a resolution approving of the draft has been passed by each House.
(6) Every regulation under this Act (other than subsection (5)) shall be laid before each House as soon as may be after it is made and, if a resolution annulling the regulation is passed by either House within the next 21 days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.
num: 4
paragraphs: —Any expenses incurred by the Minister in the administration of this Act and, to such extent as may be sanctioned by the Minister, any other expenses incurred in the administration of this Act shall be paid out of moneys provided by the Oireachtas.
num: 5
paragraphs: —(1) Subject to subsection (3), a person who is a member on a registration date shall, not later than 30 days after that date, prepare and furnish to the Clerk a statement in writing, in such form as may be determined by the Clerk after consultation with the Committee and the Commission or in a form to the like effect, of his or her registrable interests and containing appropriate information in relation to such matters (if any) respecting those interests as may be specified in the first-mentioned form, being registrable interests of the member—
(a) if the person is a member on the first registration date, at any time during the period from the passing of this Act to that date, and
(b) if the person is a member on a subsequent registration date, at any time when he or she was a member during the period between that registration date and the last previous registration date.
(2) Where a person who is a member on a registration date did not have a registrable interest at any time during the appropriate period specified in subsection (1), he or she shall, not later than 30 days after that date, prepare and furnish to the Clerk a statement in writing of that fact.
(3) It shall not be necessary to specify in a statement under this section the amount or monetary value of any interest or the remuneration of any trade, profession, employment, vocation or other occupation included in the statement.
num: 6
paragraphs: —(1) As soon as may be after a registration date, each Clerk shall, as respects that date, establish a register (which shall be known as the Register of Interests of Members of DÃ¡il Ãireann or the Register of Interests of Members of Seanad Ãireann, as may be appropriate, followed, in each case, by a reference to the year in which the registration date concerned occurs).
(2) When a statement is furnished to a Clerk under subsection (1) or (2) of section 5 —
(a) he or she shall, within 60 days after the registration date to which it relates or as soon as may be thereafter, enter it or a copy of it in the register established as respects that date by that Clerk under subsection (1), and
(b) if the statement is that of a Minister of the Government or a Minister of State, furnish a copy of it to the Taoiseach, as soon as may be.
(3) Each Clerk shall, within 60 days after each registration date or as soon as may be thereafter, furnish to the Commission and cause to be laid before DÃ¡il Ãireann or Seanad Ãireann, as may be appropriate, and published in Iris OifigiÃºil a copy of the register established by him or her under subsection (1) in relation to that registration date.
(4) (a) Each Clerk may correct errors in the register established by that Clerk or amend such a register to take account of statements furnished to him or her under section 29 (1) in so far as they relate to registrable interests.
(b) A Clerk shall, as soon as may be after the correction of an error under paragraph (a) or the receipt by him or her of a statement referred to in paragraph (a)—
(i) cause a statement of the correction or a copy of the statement referred to in paragraph (a), as the case may be, to be laid before the House and published in Iris OifigiÃºil, and
(ii) if either of those statements relates to a Minister or Minister of State, furnish a copy of it to the Taoiseach.
num: 7
paragraphs: —(1) This section applies to proceedings in each House, a committee of either House or a joint committee of both Houses.
(2) A member who proposes to speak or vote in proceedings to which this section applies and who has actual knowledge that he or she or a connected person has a material interest in the subject matter of the proceedings shall—
(a) if he or she proposes to speak in the proceedings, make a declaration of the fact aforesaid in the proceedings before or during his or her speech, and
(b) if he or she proposes to vote, but does not speak, in the proceedings, make the declaration aforesaid in writing and furnish it before voting to the Clerk, or the clerk to the committee, concerned, as may be appropriate.
(3) For the purposes of subsection (2), a person (being a member or a connected person) has a material interest in the subject matter of proceedings if the consequence or effect of any decision by the House or the committee or joint committee concerned, or by the Government or an office holder, concerning that matter may be to confer on or withhold from the person a significant benefit without also conferring it on or withholding it from persons in general or a class of persons which is of significant size having regard to all the circumstances and of which the person is a member.
(4) Subsection (2) does not apply to an interest of a member that is included in a statement which or a copy of which has been laid before the House under section 6 .
(5) A declaration under subsection (2) shall—
(a) in case an official report of the proceedings concerned is published, be included in the report, and
(b) in case such a report is not published, be published in such manner as the Clerk, or the clerk to the committee, concerned may direct.
num: 8
paragraphs: —(1) Each House shall as soon as may be after the commencement of this section and, thereafter, as soon as may be after the first meeting of that House subsequent to a general election for members of that House appoint a select committee which shall be known—
(a) in the case of the committee appointed by DÃ¡il Ãireann as the Committee on Members' Interests of DÃ¡il Ãireann, and
(b) in the case of the committee appointed by Seanad Ãireann, as the Committee on Members' Interests of Seanad Ãireann,
to perform the functions conferred on it by this Act.
(2) A person (other than a member) who considers that a member (other than a member who is or, at the relevant time, was an office holder) may have contravened section 5 or 7 may make a complaint in writing in relation to the matter to the Clerk and, subject to subsection (3), the Clerk shall refer the matter to the Committee and shall furnish a copy of the complaint to the Committee.
(3) The Clerk concerned shall consider a complaint under subsection (2) and, if the Clerk is of opinion that it is frivolous or vexatious, he or she—
(a) shall not refer it to the Committee, and
(b) shall prepare a statement in writing of the reasons for his or her opinion and furnish a copy of it to—
(i) the person who made the complaint,
(ii) the member concerned, and
(iii) the Committee.
(4) A member who considers that a member (other than a member who is or, at the relevant time, was an office holder) may have contravened section 5 or 7 may make a complaint in writing in relation to the matter to the Committee of that House.
(5) A complaint may not be made under this section in respect of a person who has ceased to be a member.
num: 9
paragraphs: —(1) Where a complaint is referred or made to a Committee under section 8 , or a Committee considers it appropriate to do so in the case of a member (other than a member who is or, at the relevant time, was an office holder), it shall carry out an investigation to determine whether the member concerned has contravened section 5 or 7 , as the case may be.
(2) Where a Committee, either during or at the conclusion of an investigation under this section, becomes of opinion that the member the subject of the investigation has not contravened the section of this Act to which the investigation relates, being either section 5 or 7 , but may have contravened the other of those sections, it may carry out an investigation under this section to determine whether the person has contravened that other section.
(3) Where—
(a) a complaint is referred or made to a Committee under section 8 , or the Committee is carrying out an investigation under this section whether following such a complaint or otherwise, and
(b) at any time before the Committee has complied with section 10 in relation thereto, the person the subject of the complaint or investigation ceases to be a member,
then—
(i) the Committee shall take no steps or no further steps in relation to the matter unless the person requests the Committee in writing to carry out an investigation of the matter under subsection (1) or, as the case may be, complete such an investigation, and
(ii) if the Committee is so requested as aforesaid, it shall, subject to section 31 , comply with the request.
(4) Subject to subsection (3), a Committee shall not carry out an investigation under this section in relation to—
(a) a person who has ceased to be a member, or
(b) a person who is or, at the relevant time, was an office holder.
(5) Where—
(a) in relation to a person who is a member but is not an office holder, a complaint had been, or been deemed to be, referred or made to a Committee, or a matter that a Committee had considered it appropriate to investigate had been, or been deemed to be, otherwise before it,
(b) following a dissolution of DÃ¡il Ãireann, the Committee has ceased to exist, and
(c) the Committee had neither—
(i) complied with section 10 in relation to the complaint or matter, nor
(ii) discontinued the investigation of the complaint pursuant to section 31 ,
the complaint or matter shall be deemed, for the purposes of this section, to have been referred or made under section 8 to, or, as the case may be, to be before, the Committee of the House of which the person is a member, and this section shall apply and have effect accordingly in relation to the complaint or matter.
num: 10
paragraphs: —(1) Subject to section 31 , where a Committee carries out an investigation under section 9 , it shall prepare a report in writing of the results of the investigation, and—
(a) shall furnish a copy of the report to the member concerned and, if the investigation followed a complaint under section 8 , the person who made the complaint, and
(b) if it determines that the member has contravened section 5 or 7 , it shall cause a copy of the report to be laid before the House.
(2) A report under subsection (1) shall set out the findings of the Committee concerned together with its determination in relation to the following matters, namely—
(a) whether there has been a contravention of section 5 or 7 by the member concerned and whether the contravention is continuing,
(b) in case the determination is that there has not been a contravention of section 5 or 7 by the member, whether the Committee is of opinion that the complaint was frivolous or vexatious or that there were no reasonable grounds for it, and
(c) in case the determination is that there has been a contravention of section 5 or 7 by the member—
(i) if the determination is that the contravention is continuing, the steps required to be taken by him or her to secure compliance by him or her with section 5 or 7 , as the case may be, and the period of time within which such steps should be taken,
(ii) whether the contravention was committed inadvertently, negligently, recklessly or intentionally,
(iii) whether the contravention was, in all the circumstances, a serious or a minor contravention, and
(iv) whether the member acted in good faith and in the belief that his or her action was in accordance with guidelines published or advice given in writing by a Committee under section 12 ,
and may refer to such other matters, if any, as the Committee considers appropriate.
(3) Where a Committee adjourns or postpones proceedings in relation to an investigation under section 9 , it may, if it considers it appropriate to do so, prepare an interim report in writing in relation to the investigation and furnish a copy thereof to the persons specified in subsection (1) (a).
num: 11
paragraphs: —(1) (a) Where, following an investigation by a Committee under section 9 of a complaint referred or made to it under section 8 , the Committee determines that the complaint was frivolous or vexatious or that there has not been a contravention of section 5 or 7 and that there were no reasonable grounds for the complaint, it may order that such amount (not exceeding £1,500) as it considers appropriate, having regard to all the circumstances, in respect of the reasonable costs and expenses incurred by any person before it (including costs and expenses in respect of legal representation) in relation to the investigation shall be paid to that person by the person who made the complaint.
(b) Where, in relation to an investigation under section 9 , amounts are ordered to be paid under paragraph (a) to more than one person, the aggregate of those amounts shall not exceed £1,500.
(2) For the purposes of subsection (1), a Committee may measure the costs and expenses aforesaid.
(3) Any costs or expenses ordered by a Committee under subsection (1) to be paid by a person may be recovered from that person by the person to whom they are ordered to be paid as a simple contract debt in any court of competent jurisdiction.
num: 12
paragraphs: —(1) A Committee—
(a) shall, after consultation with the Commission and the other Committee, from time to time draw up and publish to members guidelines concerning the steps to be taken by members to ensure compliance by them with this Act generally and, in particular, with sections 5 and 7 , and
(b) may, at the request of a member, give advice to the member in relation to any provision of this Act or as to the application, in relation to any particular case, of section 5 or 7 .
(2) When a request is made under subsection (1) (b) in relation to a particular case, the section concerned of this Act shall not, as respects the member who made the request, apply in relation to that case during the period from the making of the request to the time when advice is given by a Committee in relation to the case or it declines to give such advice.
(3) A Committee shall, within 21 days of the receipt by it of a request for advice under subsection (1) (b), furnish the advice to the member concerned or notify him or her of its decision to decline to do so.
(4) A person shall act in accordance with guidelines and advice published or given to the person under this section unless, by so doing, the act concerned would constitute a contravention of another provision of this Act.
(5) In this section “member” does not include a member who is an office holder.
num: 13
paragraphs: —(1) A person who is an office holder on a registration date shall prepare a statement in writing, in such form as may be determined by the Minister or in a form to the like effect, of his or her additional interests (if any) and containing appropriate information in relation to such matters (if any) respecting those interests as may be specified in the first-mentioned form, being additional interests of the person—
(a) if the person is an office holder on the first registration date, at any time during the period from the passing of this Act to that date, and
(b) if the person is an office holder on a subsequent registration date, at any time when he was an office holder during the period between that registration date and the last previous registration date.
(2) It shall not be necessary to specify in a statement under subsection (1) the amount or monetary value of any additional interest or the remuneration of any trade, profession, employment, vocation or other occupation included in the statement.
(3) The Clerk shall, as soon as may be after the receipt by him or her of a statement under subsection (1), furnish a copy thereof to the Commission and (if it is a statement of a Minister of the Government or a Minister of State) the Taoiseach.
(4) A statement under this section of a person who is an office holder on any registration date shall be furnished by the person to the Clerk not later than 30 days after that date.
num: 14
paragraphs: —(1) An office holder who proposes to perform a function of his or her office and who has actual knowledge that—
(a) he or she or a connected person or another office holder, or
(b) a person who is specified in a statement under subsection (2) furnished to the office holder by another office holder and who is, in relation to that other office holder, a connected person,
has a material interest in a matter to which the function relates shall, before or, if that is not reasonably practicable, as soon as may be after such performance, prepare and furnish—
(i) in the case of the Taoiseach, to the chairman of the Commission,
(ii) in the case of any other Minister of the Government or a Minister of State, to the Taoiseach and the Commission, and
(iii) in the case of any other office holder, to the Commission,
a statement in writing of those facts and of the nature of the interest.
(2) Where an office holder or a person acting on behalf of an office holder proposes to make a request to another office holder (“the second holder”) in relation to the performance of a function by the second holder and the office holder by or on whose behalf the request is made (“the first holder”) has actual knowledge that he or she or a connected person has a material interest in a matter to which the function relates, the first holder shall, before or at the time of the making of the request, furnish to the second holder a statement in writing of those facts and of the nature of the interest.
(3) Where the knowledge or belief of an office holder that—
(a) another office holder who is a member of the Government, or
(b) a person who in relation to that other officer is a connected person,
has a material interest in a matter to which a function of the Government relates derives solely from information in a statement made by that other office holder at or for the purposes of a meeting of the Government, subsection (1) shall not, as respects that interest, apply to the first-mentioned office holder, but the Taoiseach shall, before or as soon as may be after the performance of the function, cause a statement in writing in relation to that interest to be prepared and furnished to the Commission.
(4) References in this section to the performance of a function of the office of an office holder are references to the performance of the function by the office holder personally or by another person in pursuance of a direction given to the person, in relation to the particular matter concerned, by the office holder personally or a person acting on behalf of and with the personal knowledge of the office holder.
num: 15
paragraphs: —(1) Subject to the provisions of this section, where a gift the value of which exceeds £500 is given to an office holder by virtue of his or her office—
(a) the property the subject of the gift shall be deemed to be a gift given to the State and shall vest in the Minister,
(b) the office holder shall, as soon as may be, inform the Secretary to the Government of the gift and shall retain custody of the property on behalf of the State until arrangements are made in relation thereto under paragraph (c) and the office holder shall dispose of the property in accordance with those arrangements when so directed by the Secretary to the Government, and
(c) the Secretary to the Government shall arrange, in accordance with the general directions of the Government, for—
(i) custody of the property by or on behalf of the State (including the giving of it on loan to a person), or
(ii) its disposal, whether by sale or gift,
and shall dispose, in accordance with those general directions, of any proceeds of such a loan or sale (including by their payment into the Exchequer or disposal for charitable purposes).
(2) For the purposes of subsection (1), a gift given to—
(a) an office holder,
(b) the spouse of an office holder, or
(c) a child of an office holder or of his or her spouse,
is given to the office holder by virtue of his or her office unless the gift is given—
(i) as a donation, or
(ii) by a friend or relative of the recipient and for personal reasons only, or
(iii) by virtue of an office (other than that by reference to which a person is an office holder) or position held or the status enjoyed by the recipient.
(3) The Secretary to the Government shall, in accordance with the general directions of the Government—
(a) determine, for the purposes of subsection (1), the value of property the subject of a gift given to an office holder by virtue of his or her office, and
(b) determine, for the purposes of subsections (1) and (2), the question whether a gift is given to an office holder by virtue of his or her office,
if there is a doubt in relation to the value aforesaid or, as the case may be, the question aforesaid.
(4) (a) Subject to paragraphs (b) and (c), the Government shall draw up and publish to office holders guidelines concerning the steps to be taken by an office holder if—
(i) he or she, or
(ii) the spouse of the office holder, or
(iii) a child of the office holder or of his or her spouse,
is offered or supplied with—
(I) property or a service at a price that is less than the commercial price of the property or service, as the case may be,
(II) a loan of property free of charge or for a consideration that is less than the commercial consideration for the loan, or
(III) a service free of charge.
(b) Paragraph (a) does not apply to property, a loan of property or a service—
(i) offered or supplied—
(I) as a donation,
(II) by a friend or relative of the person to whom the offer or supply is made and for personal reasons only,
(III) by virtue of an office (other than one by reference to which a person is an office holder) or position held or status enjoyed by the person to whom it is offered or supplied,
or
(ii) the offer or supply of which is not intended or calculated to confer, and does not confer, directly or indirectly, a benefit on the office holder concerned.
(c) The Government shall cause a draft of any proposed guidelines under paragraph (a) to be given to the Commission and shall, before drawing up the guidelines, consider any submissions made to them by the Commission in relation to the draft.
(d) Office holders shall act in accordance with guidelines published to them under this subsection.
(5) Where, for any reason, the Secretary to the Government is unable to perform his or her functions under this section or the position of Secretary to the Government is vacant, those functions may be performed by such other person as the Taoiseach may determine.
(6) Section 19 (2) of the State Property Act, 1954 , shall not apply to a gift to which this section applies but where land vests in the Minister by virtue of subsection (1), the land shall become and be State land for the purposes of that Act and may be dealt with accordingly.
(7) In this section, “donation” means a contribution for political purposes.
num: 16
paragraphs: —(1) A person who holds or held the office of Attorney General—
(a) shall, subject to section 20 (3), in each year during any part of which he holds or held that office prepare and furnish to the Taoiseach and the Commission a statement in writing of—
(i) the interests of the person, and
(ii) the interests of which he or she has actual knowledge of his or her spouse or a child of the person or of his or her spouse,
during the appropriate period specified in section 20 (1) which could materially influence the person in or in relation to the performance of the functions of that office by reason of the fact that such performance could so affect those interests as to confer on or withhold from the person or the spouse or child a substantial benefit, and
(b) in any case where such a function falls to be performed and he or she has actual knowledge that he or she or a connected person has a material interest in a matter to which the function relates shall, before or as soon as may be after such performance, prepare and furnish to the Taoiseach and the Commission a statement in writing of those facts and of the nature of the interest.
(2) (a) Section 20 shall apply to a statement under subsection (1) (a) as if the references in that section to sections 17 (1) (a), 18 (2) (a) and 19 (3) (a) (i) included references to subsection (1) (a) and with any other necessary adaptations.
(b) Subsection (2) of section 29 shall apply to the interests specified in subsection (1) (a) and to a person who holds the office of Attorney General as if the references in that subsection to sections 17 (1) (a), 18 (2) (a) and 19 (3) (a) (i) included references to subsection (1) (a) and with any other necessary adaptations.
(3) References in this section to the performance of a function of the office of Attorney General are references to the performance of the function by the holder of that office personally or by another person in pursuance of a direction given to the person, in relation to the particular matter concerned, by such holder personally or a person acting on behalf of and with the personal knowledge of such holder.
(4) Where a person who holds the office of Attorney General is a member—
(a) paragraph (a) of subsection (1) shall not apply to the person as respects the interests, during the period of the person's membership, of the persons specified in that paragraph, and
(b) paragraph (b) of that subsection shall not apply to the person during the period of the person's membership.
num: 17
paragraphs: —(1) A person who holds or held a designated directorship of a public body specified in subparagraphs (8) to (12), or standing prescribed under subparagraph (13), of paragraph 1 of the First Schedule —
(a) shall, subject to section 20 (3), in each year during any part of which he or she holds or held the directorship, prepare and furnish to the Commission and to such officer of the body as may be determined by the Minister a statement in writing of—
(i) the interests of the person, and
(ii) the interests of which he or she has actual knowledge of his or her spouse or a child of the person or of his or her spouse,
during the appropriate period specified in section 20 (1) which could materially influence the person in or in relation to the performance of the functions of the directorship by reason of the fact that such performance could so affect those interests as to confer on or withhold from the person or the spouse or child a substantial benefit, and
(b) in any case where such a function, or a function of any other office or position held by the person in that public body, falls to be performed and he or she has actual knowledge that he or she or a connected person has a material interest in a matter to which the function relates—
(i) shall, as soon as may be, prepare and furnish to the other directors of the body a statement in writing of those facts,
(ii) shall not perform the function unless there are compelling reasons requiring him or her to do so, and
(iii) shall, if he or she proposes to perform the function, prepare and furnish to the other directors of the body and to the Commission, before or, if that is not reasonably practicable, as soon as may be after such performance, a statement in writing of the compelling reasons aforesaid.
(2) There shall be deemed to be included in the terms on which a person holds a designated directorship referred to in subsection (1) a term that the person shall comply with that subsection.
num: 18
paragraphs: —(1) In this section “relevant authority”, in relation to a person who occupies or occupied a designated position in a public body, means such person or persons as may stand determined for the time being by the Minister in relation to the position.
(2) A person who occupies or occupied a designated position in a public body—
(a) shall, subject to section 20 (3), in each year during any part of which he or she occupies or occupied the position, prepare and furnish to the relevant authority for the position a statement in writing of—
(i) the interests of the person, and
(ii) the interests of which he or she has actual knowledge of his or her spouse or a child of the person or of his or her spouse,
during the appropriate period specified in section 20 (1) which could materially influence the person in or in relation to the performance of the functions of the position by reason of the fact that such performance could so affect those interests as to confer on or withhold from the person or the spouse or child a substantial benefit, and
(b) in any case where such a function falls to be performed and he or she has actual knowledge that he or she or a connected person has a material interest in a matter to which the function relates—
(i) shall, as soon as may be, prepare and furnish to the relevant authority a statement in writing of those facts,
(ii) shall not perform the function unless there are compelling reasons requiring him or her to do so, and
(iii) shall, if he or she proposes to perform the function, prepare and furnish to the relevant authority, before or, if that is not reasonably practicable, as soon as may be after such performance, a statement in writing of the compelling reasons aforesaid.
(3) (a) A person who, during any period, holds or held or occupies or occupied an office or position specified in paragraph (b) shall be deemed for the purposes of this Act to be a person who, during that period, occupies or occupied a designated position in a public body.
(b) The offices and positions referred to in paragraph (a) are—
(i) the office of Comptroller and Auditor General,
(ii) the office of Ombudsman,
(iii) the office of Data Protection Commissioner,
(iv) the office of Director of Consumer Affairs, and
(v) such other (if any) offices or positions (other than the office of judge of any court) established by or under statute as may (if, but only if, the Minister considers it necessary in the public interest to do so) be prescribed.
(c) Subsection (4) shall not apply to a person who holds or held an office specified in subparagraphs (i) to (iv) of paragraph (b).
(4) There shall be deemed to be included in the terms of the employment of a person in a designated position referred to in subsection (2) a term that the person shall comply with that subsection.
num: 19
paragraphs: —(1) In this section “special adviser” means a person who—
(a) occupies or occupied an excluded position (within the meaning of the Civil Service Commissioners Act, 1956 ), having been selected for appointment to that position by an office holder personally otherwise than by means of a competitive procedure, or
(b) is or was employed under a contract for services by an office holder, having been selected for the award of the contract by an office holder personally otherwise than by means of a competitive procedure,
and whose function or principal function as such a person is or was to provide advice or other assistance to or for the office holder.
(2) The period for which a person acting as a special adviser occupies the excluded position concerned or is employed under the contract for services concerned shall end not later than the date on which the office holder to whom he or she is acting as a special adviser ceases to hold the office by reference to which he or she is an office holder.
(3) (a) If the remuneration of a person as a special adviser exceeds a prescribed amount, then—
(i) subject to section 20 (3), in each year during any part of which the person is a special adviser, he or she shall prepare and furnish to the office holder concerned and the Commission a statement in writing of—
(I) the interests of the person, and
(II) the interests of which he or she has actual knowledge of his or her spouse or a child of the person or of his or her spouse,
during the appropriate period specified in section 20 (1) which could materially influence the person in or in relation to the performance of his or her functions as a special adviser by reason of the fact that such performance could so affect those interests as to confer on or withhold from the person or the spouse or child a substantial benefit,
(ii) in any case where such a function falls to be performed and he or she has knowledge that he or she or a connected person has a material interest in a matter to which the function relates, he or she—
(I) shall, as soon as may be, prepare and furnish to the office holder and to the Commission a statement in writing of those facts,
(II) shall not perform the function unless there are compelling reasons requiring him or her to do so, and
(III) shall, if he or she proposes to perform the function, prepare and furnish to the office holder and the Commission, before or, if that is not reasonably possible, as soon as may be after such performance, a statement in writing of the compelling reasons aforesaid,
and
(iii) the person shall undertake not to engage in any trade, profession, vocation or other occupation, whether remunerated or otherwise, which might reasonably be seen to be capable of interfering or being incompatible with the performance by the person of his or her functions as a special adviser.
(b) Different amounts may be prescribed under paragraph (a) in relation to different categories of special adviser.
(4) An office holder shall, in respect of a person who acts or acted as a special adviser to him or her, lay the following documents before each House of the Oireachtas, that is to say—
(a) a copy of the contract, or a statement in writing of the terms and conditions, under which the person acts or acted as a special adviser,
(b) a copy of any statement under subsection (3) (a) (i) of the interests of the person furnished to the office holder,
(c) a statement as to whether the person is a relative of the office holder, and
(d) if subsection (3) applies to the person, a statement of the qualifications of the person relevant to his or her functions as a special adviser.
(5) Section 13 (3) of the Civil Service Commissioners Act, 1956 , does not apply to the appointment to an established position (within the meaning of that Act) of a person who acts or has acted as special adviser.
(6) There shall be deemed to be included in the terms on which a person who is acting as a special adviser to an office holder occupies the excluded position concerned or is employed under the contract for services concerned—
(a) a term that the period for which the person occupies the excluded position or is employed under the contract for services shall end not later than the date on which the office holder ceases to hold the office by reference to which he or she is an office holder, and
(b) if subsection (3) applies to the person, a term that he or she shall comply with that subsection.
num: 20
paragraphs: —(1) A statement (“the current statement”) furnished by a person under section 17 (1) (a), 18 (2) (a) or 19 (3) (a) (i) shall—
(a) in case, as may be appropriate, the person was appointed to the directorship, position or special advisership concerned before the date of the passing of this Act and the statement is the first such statement so furnished by the person since that date, be in respect of the period from that date to the date of the statement,
(b) in case the person was so appointed on or after the date of such passing and the statement is the first such statement so furnished by the person since such appointment, be in respect of the period from the date of such appointment to the date of the statement, and
(c) in any other case, be in respect of the period from the date of the last previous such statement so furnished by the person to—
(i) the date of the current statement, or
(ii) the date on which the appointment concerned ended,
whichever is the earlier.
(2) A statement under section 17 (1) (a), 18 (2) (a), 19 (3) (a) (i) or 29 (2) shall be made in such form as, subject to the provisions of this Act, may be determined by the Minister or a form to the like effect and shall contain appropriate information in relation to such matters (if any) respecting the interests declared in the statement as may be specified in the first-mentioned form.
(3) The first statement of a person under section 17 (1) (a), 18 (2) (a) or 19 (3) (a) (i) after his or her appointment to the directorship, position or special advisership concerned shall be furnished by the person to the person or persons concerned not later than—
(a) such time in the year concerned, or
(b) if the appointment is made after the commencement of the provision aforesaid and after the 1st day of October in any year, such time in the next following year,
as the Minister may determine and any subsequent such statement of the person shall be so furnished by the person not later than 30 days after the anniversary of the day on which the last previous such statement was so furnished by him or her.
(4) It shall not be necessary to specify in a statement under section 17 (1) (a), 18 (2) (a), 19 (3) (a) (i) or 29 (2) the amount or monetary value of any interest or the remuneration of any trade, profession, employment, vocation or other occupation included in the statement.
num: 21
paragraphs: —(1) On the commencement of this section, there shall stand established a commission (which shall be known as the Public Offices Commission and is referred to in this Act as “the Commission”) to perform the functions conferred on it by this Act.
(2) The Commission shall consist of the following members:
(a) the Comptroller and Auditor General,
(b) the Ombudsman,
(c) the Chairman of DÃ¡il Ãireann,
(d) the Clerk of DÃ¡il Ãireann,
(e) the Clerk of Seanad Ãireann.
(3) (a) Subject to paragraph (b), where a member of the Commission notifies the Minister that he or she is for any reason (other than the operation of subsection (4)) temporarily unable to act as such member or any of the offices aforesaid is vacant, the Minister shall appoint—
(i) in the case of the Comptroller and Auditor General, the Secretary and Director of Audit of the Office of the Comptroller and Auditor General,
(ii) in the case of the Ombudsman, the Director of the Office of the Ombudsman,
(iii) in the case of the Chairman of DÃ¡il Ãireann, the Deputy Chairman of DÃ¡il Ãireann,
(iv) in the case of the Clerk of DÃ¡il Ãireann, the Clerk Assistant of DÃ¡il Ãireann, and
(v) in the case of the Clerk of Seanad Ãireann, the Clerk Assistant of Seanad Ãireann,
to be a member of the Commission for the duration of such inability or vacancy.
(b) If a person falling, pursuant to paragraph (a), to be appointed to be a member of the Commission cannot be so appointed or the Commission consider that it would not be appropriate so to appoint that person, the Minister shall appoint such other person as the Commission may nominate for the purpose to be such a member for the duration of the inability or vacancy concerned.
(c) Upon the appointment of a person pursuant to paragraph (a) or (b) to be a member of the Commission for the duration of an inability, the member of the Commission who is temporarily unable to act as such member shall be deemed for such duration not to be a member of the Commission.
(d) If a member of the Commission ceases to hold the office by virtue of which he or she became a member of the Commission, he or she shall thereupon cease to be a member of the Commission.
(4) (a) The Comptroller and Auditor General and the Secretary and Director of Audit of the Office of the Comptroller and Auditor General shall not take part in any proceedings of the Commission relating to the Comptroller and Auditor General or a member of the staff of the Office of the Comptroller and Auditor General.
(b) The Ombudsman and the Director of the Office of the Ombudsman shall not take part in any proceedings of the Commission relating to the Ombudsman or a member of the staff of the Office of the Ombudsman.
(c) The Chairman of DÃ¡il Ãireann, the Deputy Chairman of DÃ¡il Ãireann, the Clerk of DÃ¡il Ãireann, the Clerk Assistant of DÃ¡il Ãireann, the Clerk of Seanad Ãireann and the Clerk Assistant of Seanad Ãireann shall not take part in any proceedings of the Commission relating to the Chairman or Deputy Chairman of either House or to a member of the staff of the Houses.
(d) Where a member of the Commission is, by virtue of paragraph (a), (b) or (c) unable to take part in proceedings of the Commission, subsection (3) shall not apply in relation to such inability, and the Minister shall appoint such person as he or she may determine to be a member of the Commission for the purpose of taking part in those proceedings but for no other purpose and the first-mentioned member shall be deemed, in relation to those proceedings, not to be a member of the Commission.
(5) The quorum for a meeting of the Commission shall be three or such other number (being not less than three) as may be determined from time to time by the Commission.
(6) (a) The Commission shall appoint one of its members to be chairman of the Commission and the member so appointed shall hold the office of chairman for such period as may be determined by the Commission.
(b) If the chairman of the Commission ceases during his or her term of office as such chairman to be a member of the Commission, he or she shall also cease to be the chairman of the Commission.
(7) At a meeting of the Commission—
(a) the chairman of the Commission shall, if present, be chairman of the meeting,
(b) if and for so long as the chairman of the Commission is not present or if the office of chairman is vacant, the members of the Commission who are present shall choose one of their number to be chairman of the meeting.
(8) A decision at a meeting of the Commission (other than a meeting held for the purposes of an investigation under section 23 ) may be that of a majority of the members present and voting on the question and, in the case of an equal division of votes, the chairman of the meeting shall have a second or casting vote.
(9) The Commission may act (otherwise than in relation to an investigation under section 23 ) notwithstanding one or more vacancies among its members.
(10) Such functions of the Commission (other than functions under section 23 ) as may be specified by it may be performed, under the supervision and subject to the general direction of the Commission, by members of the staff of the Commission duly authorised in that behalf by the Commission.
(11) Subject to the provisions of this Act, the Commission shall determine, by standing orders or otherwise, the procedure and business of the Commission.
(12) The Minister shall make available to the Commission such reasonable facilities and services (including clerical, secretarial and executive services) as the Minister, after consultation with the Commission, may determine.
(13) Subject to such conditions as the Minister may determine, there shall be paid to the Commission out of moneys provided by the Oireachtas such amounts as the Minister may, after consultation with the Commission, determine in respect of the reasonable expenses of the Commission and its members.
num: 22
paragraphs: —(1) A person (other than a member) who considers that—
(a) a person may have contravened Part II , III or IV at a time when he or she was an office holder, or
(b) that a person who is an office holder may have contravened Part II before becoming an office holder,
may make a complaint in writing in relation to the matter to the Clerk and, subject to subsection (2), the Clerk shall refer the matter to the Commission and shall furnish a copy of the complaint to the Commission.
(2) The Clerk shall consider a complaint under subsection (1) and, if the Clerk is of opinion that it is frivolous or vexatious, he or she—
(a) shall not refer it to the Commission, and
(b) shall prepare a statement in writing of the reasons for his or her opinion and furnish it to—
(i) the person who made the complaint,
(ii) the person concerned, and
(iii) the Commission.
(3) A member who considers that—
(a) a person may have contravened Part IV ,
(b) a person may have contravened Part II , III or IV at a time when he or she was an office holder, or
(c) that a person who is an office holder may have contravened Part II before becoming an office holder,
may make a complaint in writing in relation to the matter to the Commission.
(4) (a) Where the Minister considers that a person, other than an office holder, may have contravened Part IV , he or she may make a complaint in writing in relation to the matter to the Commission.
(b) (i) Where a Minister of the Government considers that a person to whom this subparagraph applies may have contravened Part IV , he or she may, with the consent of the Minister, make a complaint in writing in relation to the matter to the Commission.
(ii) Subparagraph (i) applies to the following persons:
(I) a person who occupies or occupied a designated position in a Department of State or office of which the Minister of the Government by whom the complaint concerned is made has charge,
num: 23
paragraphs: —(1) Subject to subsection (2), where—
(a) a complaint is referred or made to the Commission under section 22 , or
(b) the Commission considers in the case of—
(i) a person who may have contravened Part II , III or IV at a time when he or she was an office holder,
(ii) a person who is an office holder and who may have contravened Part II before becoming an office holder, or
(iii) a person to whom section 22 (4) (b) (i) applies and who may have contravened Part IV —
that it is appropriate to do so, it shall carry out an investigation to determine, whether, as may be appropriate—
(I) the person referred to in subparagraph (i) contravened Part II , III or IV at a time when he or she was an office holder,
(II) the person referred to in subparagraph (ii) contravened Part II before becoming an office holder, or
(III) the person referred to in subparagraph (iii) contravened Part IV .
(2) Before the Commission decides whether to carry out under subsection (1) an investigation of a matter that—
(a) relates to a person who holds or held a designated directorship of, or occupies or occupied a designated position in, a public body, and
(b) was not the subject of a complaint referred or made to it under section 22 ,
the Commission shall—
(i) consult with any Minister of the Government on whom a function in relation to the body stands conferred, and
(ii) give to any such Minister of the Government as aforesaid and to the body a statement in writing of the reasons why it considers it appropriate that the investigation should be carried out,
and it shall decide not to carry out the investigation unless, having considered any representations made to it by that Minister of the Government or the body, it is satisfied that it is appropriate to carry it out and that an adequate investigation cannot or will not be carried out by or on behalf of that Minister of the Government or the body or any other authority.
(3) Where the Commission, either during or at the conclusion of an investigation under this section, becomes of opinion that the person the subject of the investigation has not contravened the provision of this Act to which the investigation relates but may have contravened another provision of Part II , III or IV , it may carry out an investigation under this section to determine whether the person has contravened that other provision, but subsection (2) shall not apply in relation to the investigation.
num: 24
paragraphs: —(1) Subject to subsection (2) and section 31 , where the Commission carries out an investigation under section 23 , it shall prepare a report in writing of the result of the investigation and shall furnish a copy of the report to—
(a) the person the subject of the investigation,
(b) if the investigation followed a complaint under section 22 , the person who made the complaint, and
(c) (i) in case the person the subject of the investigation is or was an office holder and the Commission has determined that he or she has contravened Part II , III or IV , the Committee, and
(ii) in any other case—
(I) the Minister, or
(II) if, at the time of the alleged contravention concerned, the person occupied a position in a Department of State or office administered by a Minister of the Government other than the Minister, that Minister of the Government.
(2) Where the Commission, either during or at the conclusion of an investigation under section 23 , is of opinion that the person the subject of the investigation may have committed an offence relating to the performance of his or her functions as an office holder, a holder of a designated directorship of, or occupier of a designated position in, a public body or special adviser, as the case may be or that the person may have contravened Part II before becoming an office holder—
(a) it shall prepare a report in writing in relation to the matter and furnish it together with any relevant document or other thing in its possession to the Director of Public Prosecutions who shall notify the Commission as to whether he or she has taken proceedings for an offence in respect of any matter mentioned in the report or has decided not to take any such proceedings and of the final outcome of any such proceedings (including any appeal, whether by way of case stated or otherwise, rehearing or retrial), and
(b) it shall add to its report under subsection (1) a copy of its report under paragraph (a) and a statement of the notification or notifications aforesaid.
(3) A report under subsection (1) shall set out the findings of the Commission together with its determinations in relation to the following matters, namely—
(a) whether there has been a contravention of Part II , III or IV by the person concerned and whether the contravention is continuing,
(b) in case the determination is that there has not been a contravention of Part II , III or IV , by the person, whether the Commission is of opinion that the complaint was frivolous or vexatious or that there were no reasonable grounds for it, and
(c) in case the determination is that there has been a contravention of Part II , III or IV by the person—
(i) if the determination is that the contravention is continuing, the steps required to be taken by him or her to secure compliance by him or her with Part II , III or IV , as the case may be, and the period of time within which such steps should be taken,
(ii) whether the contravention was committed inadvertently, negligently, recklessly or intentionally,
(iii) whether the contravention was, in all the circumstances, a serious or a minor matter, and
(iv) whether the person acted in good faith and in the belief that his or her action was in accordance with guidelines published or advice given in writing by a Committee under section 12 or the Commission under section 25 ,
and may refer to such other matters (if any) as the Commission considers appropriate.
(4) Where at any time a report under subsection (1) is furnished to a Committee, the Committee shall cause a copy of the report to be laid before the House concerned.
(5) Where a report under subsection (1) is furnished to a Minister of the Government and the report includes determinations that there has been a contravention of Part IV and that the contravention was a serious matter, he or she shall cause a copy of the report to be laid before each House.
(6) Where the Commission—
(a) adjourns or postpones proceedings in relation to an investigation under section 23 , or
(b) during such an investigation, furnishes a report to the Director of Public Prosecutions under subsection (2) (a) and the Director of Public Prosecutions notifies the Commission under subsection (2) (a) that he or she has taken proceedings for an offence in respect of a matter mentioned in the report,
the Commission may, if it considers it appropriate to do so, prepare an interim report in writing in relation to the investigation and furnish copies thereof to such of the persons specified in subsection (1) as it thinks fit.
num: 25
paragraphs: —(1) The Commission—
(a) shall, after consultation with the Committees, from time to time draw up and publish to persons (other than members who are not office holders) to whom a provision of Part II , III or IV applies guidelines concerning the steps to be taken by such persons to ensure compliance by them with this Act generally and, in particular, with the provisions of those Parts, and
(b) may, at the request of a person (other than a member who is not an office holder) to whom a provision of Part II , III or IV applies, give advice to the person in relation to any provision of this Act or as to the application, in any particular case, of any such provision.
(2) When a request is made under subsection (1) (b) in relation to a particular case, the provision concerned of Part II , III or IV shall not, as respects the person who made the request, apply in relation to that case during the period from the making of the request to the time when advice is given by the Commission in relation to the case or it declines to give such advice.
(3) The Commission shall, within 21 days of the receipt by it of a request for advice under subsection (1) (b), furnish the advice to the person concerned or notify him or her of its decision to decline to do so.
(4) A person shall act in accordance with guidelines or advice published or given to the person under this section unless, by so doing, the act concerned would constitute a contravention of another provision of this Act.
num: 26
paragraphs: —(1) (a) Where, following an investigation by the Commission under section 23 of a complaint referred or made to it under section 22 (other than subsection (4)), the Commission determines that the complaint was frivolous or vexatious or that there has not been a contravention of Part II , III or IV and that there were no reasonable grounds for the complaint, it may order that such amounts (not exceeding £1,500) as it considers appropriate, having regard to all the circumstances, in respect of the reasonable costs and expenses incurred by any person before it (including costs and expenses incurred by such a person in respect of legal representation) in relation to the investigation shall be paid to that person by the person who made the complaint.
(b) Where, in relation to an investigation under section 23 , amounts are ordered to be paid under paragraph (a) to more than one person, the aggregate of those amounts shall not exceed £1,500.
(2) For the purposes of subsection (1), the Commission may measure the costs and expenses aforesaid.
(3) Any costs or expenses ordered by the Commission under subsection (1) to be paid by a person may be recovered from that person by the person to whom they are ordered to be paid as a simple contract debt in any court of competent jurisdiction.
num: 27
paragraphs: —(1) The Commission—
(a) shall, not later than 6 months after the end of each year, prepare a report on its activities in that year, and
(b) may prepare such other reports for the Minister as it considers appropriate.
(2) (a) The Commission shall furnish a copy of a report under subsection (1) (a) to the Minister not later than 6 months after the end of the year to which it relates and the Minister shall, not later than two months after the receipt of the report, cause a copy thereof to be laid before each House.
(b) The Minister may, if he or she considers it appropriate to do so, cause a copy of a report under subsection (1) (b) to be laid before each House.
(3) In this section “report” does not include a report under section 24 .
num: 28
paragraphs: —(1) Where a copy of a report of a Committee or a copy of a report of the Commission furnished to a Committee is laid before either House, the Committee may, if it considers it appropriate, having regard to all the circumstances of the case, to do so, cause a motion to be moved in that House for a resolution that such action or actions specified in subsection (2) as may be specified in the resolution and is or are reasonable in all the circumstances be taken by that House in relation to the matter.
(2) The actions referred to in subsection (1) are—
(a) the taking note by the House concerned of the report of the Committee, or the report of the Commission, concerned,
(b) the censuring of the office holder or other member concerned by the House,
(c) the suspension of the office holder or other member concerned from the service of the House—
(i) for such period not exceeding 30 days on which the House shall have sat as may be specified in the resolution concerned, and
(ii) in addition, if the report aforesaid includes a determination that the office holder or other member is continuing to contravene this Act and the Committee is satisfied that the contravention has continued up to the date of the motion for the resolution concerned under subsection (1), until such time (if any) after the expiration of the period specified pursuant to subparagraph (i) in the resolution as he or she takes the steps specified in the resolution (being the steps specified in the report) to secure compliance by him or her with this Act.
(3) Where a report referred to in subsection (1), a copy of which has been laid before either House, includes a determination that the office holder or other member concerned acted in good faith and in the belief that his or her action was in accordance with guidelines published or advice given in writing under section 12 or, as the case may be, section 25 , a Committee shall not recommend that the action specified in paragraph (b) or (c) of subsection (2) be taken by the House.
(4) The action referred to in subsection (2) (c) shall not affect either the amount of or the payment of any allowance or annual or other sum to which the office holder or other member concerned would, but for such action, be entitled under the Oireachtas (Allowances to Members) Act, 1938 , Part III of the Ministerial and Parliamentary Offices Act, 1938 , or section 3 of the Oireachtas (Allowances to Members) and Ministerial and Parliamentary Offices (Amendment) Act, 1992 .
num: 29
paragraphs: —(1) (a) Where the registrable interests or the additional interests of a person change, the person may at any time furnish a statement in writing of the changes to the Clerk.
(b) Where a person fails to comply with section 5 or 13 , the person may at any time furnish to the Clerk a statement in writing of the registrable interest or additional interest concerned.
(c) Where a person is advised under section 12 or 25 or it appears from guidelines published under either of those sections that an interest of the person is a registrable interest or an additional interest, the person shall, as soon as may be after the receipt of the advice or, as the case may be, the publication of the guidelines, prepare and furnish to the Clerk a statement in writing of the additional interest or registrable interest.
(d) Where a person becomes a member or an office holder after a registration date, he may, at any time before the next registration date, furnish to the Clerk a statement in writing of his or her registrable interests and, (in the case of an office holder) his or her additional interests.
(e) When the Clerk receives a statement under paragraph (a), (b), (c) or (e), he or she shall if it relates to an additional interest, furnish a copy of it to the Commission and (if it is a statement of a Minister of the Government or a Minister of State) the Taoiseach.
(2) (a) Where the interests specified in section 17 (1) (a), 18 (2) (a) or 19 (3) (a) (i) of a person to whom that section applies or of the spouse of such a person or of a child either of such a person or of the spouse of such a person change the person may at any time furnish a statement in writing of the change to the person or persons to whom statements under that provision are required to be furnished.
(b) Where a person fails to comply with section 17 (1) (a), 18 (2) (a) or 19 (3) (a) (i), the person may at any time furnish a statement in writing of the interests concerned to the person or persons to whom statements under that provision are required to be furnished.
(c) Where a person to whom section 17 (1) (a), 18 (2) (a) or 19 (3) (a) (i) applies is advised under section 25 or it appears from guidelines published under section 25 that an interest of the person or an interest of his or her spouse or a child of the person or of his or her spouse is an interest to which section 17 (1) (a), 18 (2) (a) or 19 (3) (a) (i), as the case may be, applies, the person shall, as soon as may be after the receipt of the advice or, as the case may be, the publication of the guidelines, prepare and furnish to the person or persons to whom statements under that provision are required to be furnished a statement of the interest.
(3) A statement under this section (other than a statement indicating the cesser or disposal of an interest) shall be in a form determined under section 5 (1), 13 (1) or 20 (2), as may be appropriate, or in a form to the like effect and shall contain appropriate information in relation to such matters (if any) respecting the interest concerned as may be specified in the appropriate form determined as aforesaid.
(4) Section 6 (4) (b) and subsection (3) shall apply to a statement of a registrable interest furnished to a Clerk in pursuance of a determination of a Committee or the Commission under section 10 (2) (c) or 24 (3) (c) and subsection (1) (e) and subsection (3) shall apply to a statement of an additional interest furnished to a Clerk in pursuance of a determination of the Commission under section 24 (3) (c).
num: 30
paragraphs: —Where a person to whom section 5 , 13 , 16 , 17 , 18 or 19 applies has an interest that is not specified in the Second Schedule or a person to whom section 13 , 16 , 17 , 18 or 19 applies has actual knowledge that his or her spouse or a child of the person or of his or her spouse has such an interest, the person may at any time prepare a statement under that section of the interest and furnish it to the person or persons to whom such a statement is required by the section to be furnished and, where such a statement is so furnished, this Act shall apply and have effect as if the interest was an interest specified in that Schedule.
num: 31
paragraphs: —(1) A Committee may at any time discontinue an investigation under section 9 of a complaint referred or made to it under section 8 if it becomes of opinion that the complaint concerned is frivolous or vexatious.
(2) The Commission may at any time discontinue an investigation under section 23 of a complaint referred or made to it under section 22 (other than subsection (4) thereof) if it becomes of opinion that the complaint concerned is frivolous or vexatious.
(3) If a Committee decides to discontinue an investigation under section 9 , or the Commission decides to discontinue an investigation under section 23 , it shall prepare and furnish to—
(a) the person who made the complaint concerned, and
(b) the person to whom it related,
a statement in writing of the reasons for its decision and, in the case of such a decision by a Committee, it shall, in addition, prepare and furnish such a statement to the Clerk.
(4) Section 11 shall apply with any necessary modifications in relation to a case where an investigation is discontinued under subsection (1) and section 26 shall apply with any necessary modifications in relation to a case where an investigation is discontinued under subsection (2).
num: 32
paragraphs: —(1) A Committee and the Commission shall hold sittings for the purpose of an investigation by it under this Act and at the sittings may receive submissions and such evidence as it thinks fit.
(2) The chairman of a Committee may for the purposes of the functions of the Committee and the chairman of the Commission may for the purposes of the functions of the Commission—
(a) direct in writing the person the subject of the investigation concerned to attend before the Committee or the Commission, as the case may be, on a date and at a time and place specified in the direction,
(b) direct in writing any other person whose evidence is required by the Committee or the Commission, as the case may be, to attend before the Committee or the Commission, as the case may be, on a date and at a time and place specified in the direction and there to give evidence and to produce any document or thing in his or her possession or power specified in the direction,
(c) direct any person (other than a person referred to in paragraph (a)) in attendance before the Committee or the Commission, as the case may be, to produce to the Commission or the Committee, as the case may be, any document or thing in his or her possession or power specified in the direction,
(d) direct in writing any person (other than a person referred to in paragraph (a)) to send to the Committee or the Commission, as the case may be, any document or thing in his or her possession or power specified in the direction, and
(e) give any other directions for the purpose of the proceedings concerned that appear to him or her to be reasonable and just.
(3) The reasonable expenses of witnesses directed under subsection (2) (b) to attend before a Committee or the Commission shall, subject to sections 11 and 26 , be paid out of moneys provided by the Oireachtas.
(4) A person who—
(a) having been directed under subsection (2) to attend before a Committee or the Commission and, in the case of a person so directed under paragraph (b) of that subsection, having had tendered to him or her any sum in respect of the expenses of his or her attendance which a witness summoned to attend before the High Court would be entitled to have tendered to him or her, without just cause or excuse disobeys the direction,
(b) being in attendance before a Committee or the Commission pursuant to a direction under the said paragraph (b), refuses to take the oath on being required by the Committee or the Commission, as the case may be, to do so or refuses to answer any question to which the Committee or the Commission, as the case may be, may legally require an answer or to produce any document or thing in his or her possession or power legally required by the Committee or the Commission, as the case may be, to be produced by the person,
(c) fails or refuses to send to the Committee or the Commission, as the case may be, any document or thing legally required by the Committee or the Commission, as the case may be, under paragraph (d) of subsection (2) to be sent to it by the person or without just cause or excuse disobeys a direction under paragraph (d) of subsection (2), or
(d) does any other thing in relation to the proceedings before the Committee or the Commission, as the case may be, which, if done in relation to proceedings before a court by a witness in the court, would be contempt of that court,
shall be guilty of an offence.
(5) If a person gives false evidence before a Committee or the Commission in such circumstances that, if he or she had given the evidence before a court, he or she would be guilty of perjury, he or she shall be guilty of that offence.
(6) The procedure of a Committee or the Commission in relation to an investigation by it under this Act shall, subject to the provisions of this Act, be such as shall be determined by the Committee or the Commission, as the case may be, and the Committee or the Commission, as the case may be, shall, without prejudice to the generality of the foregoing, make provision for—
(a) notifying the complainant, in the case of a complaint under section 8 or 22 , and notifying the person the subject of the investigation of the date, time and place of the relevant sitting of the Committee or the Commission, as the case may be,
(b) giving the person the subject of the investigation a statement of the contravention of this Act alleged, the names of the witnesses whom it is proposed to call to give evidence before the Committee or the Commission, as the case may be, relating to such contravention, a copy of each statement intended to be used at the Committee or the Commission, as the case may be, and an indication in writing of the nature and source of any information relating to the matter which has come to notice in the course of the investigation of the alleged contravention which may be favourable to the person aforesaid and of which he or she may be unaware,
(c) enabling the person the subject of the investigation and, in the case of a complaint, the complainant or a person representing the complainant to be present at the relevant sitting of the Committee or the Commission, as the case may be, and enabling the person the subject of the investigation to present his or her case to the Committee or the Commission, as the case may be, in person or through a legal or other representative,
(d) enabling written statements to be admissible as evidence by the Committee or the Commission, as the case may be, with the consent of the person the subject of the investigation,
(e) enabling any signature appearing on a document produced before the Committee or the Commission, as the case may be, to be taken, in the absence of evidence to the contrary, to be that of the person whose signature it purports to be,
(f) the examination by or on behalf of the Committee or the Commission, as the case may be, and the cross-examination by or on behalf of the person the subject of the investigation concerned (on oath or otherwise as it may determine) of witnesses before the Committee or the Commission, as the case may be, called by it,
(g) the examination by or on behalf of the person the subject of the investigation and the cross-examination by or on behalf of the Committee or the Commission, as the case may be (on oath or otherwise as the Committee or the Commission, as the case may be, may determine), of witnesses before the Committee or the Commission, as the case may be, called by the person the subject of the investigation,
(h) the determination by the Committee or the Commission, as the case may be, whether evidence at the Committee or the Commission, as the case may be, should be given on oath,
(i) the administration by the chairman of the Committee or the chairman of the Commission, as the case may be, of the oath to witnesses before the Committee or the Commission, as the case may be, and
(j) the making of a sufficient record of the proceedings of the Committee or the Commission, as the case may be.
(7) A decision of a Committee or the Commission in relation to an investigation by it under this Act or any question arising in the course of such an investigation may be that of a majority of its members.
(8) A witness whose evidence has been, is being or is to be given before the Committee or the Commission, as the case may be, in proceedings under this Act shall be entitled to the same privileges and immunities as a witness in a court.
(9) Sittings of a Committee or the Commission for the purposes of an investigation by it under this Act may be held in private.
(10) A Committee or the Commission may adjourn or postpone proceedings in relation to an investigation under section 9 or 23 , as the case may be.
(11) The following shall be absolutely privileged:
(a) documents of the Commission, and documents of its members connected with the Commission or its functions, wherever published,
(b) reports of the Commission, wherever published,
(c) statements made in any form at meetings or sittings of the Commission by its members or officials and such statements wherever published subsequently.
num: 33
paragraphs: —The Commission and its members shall be independent in the performance of their functions under this Act.
num: 34
paragraphs: —(1) A statement furnished under section 13 , 14 , 16 , 17 , 18 , 19 or 29 and a record of any information given to the Secretary to the Government pursuant to section 15 or guidelines under that section shall be retained for a period of 15 years from the date on which it was so furnished or given and, whenever so requested by the Commission during that period, it or a copy of it shall be furnished to the Commission.
num: 35
paragraphs: —(1) A person shall not disclose information obtained by him or her under this Act or by being present at a sitting of a Committee or Commission held in private.
(2) Subsection (1) does not apply to—
(a) the disclosure of information in the public interest by a Minister of the Government,
(b) the disclosure of information contained in—
(i) a statement under section 13 or 14 (1) or a statement under section 29 (2) in relation to an interest specified in section 13 ,
(ii) a statement under section 17 or 18 or a statement under section 29 (2) in relation to an interest specified in section 17 or 18 , or
(iii) a statement under section 19 or a statement under section 29 (2) in relation to an interest specified in section 19 ,
by a person to whom the statement is furnished under this Act (“the first-mentioned person”) to—
(I) in the case of a statement referred to in subparagraph (i), such Minister of the Government,
(II) in the case of a statement referred to in subparagraph (ii), such directors of, or persons occupying positions of employment in, the public body concerned, and
(III) in the case of a statement referred to in subparagraph (iii), such persons,
as the first mentioned person considers appropriate in a case where that person is of opinion that the information is such as to show that there may exist a conflict between an interest specified in the statement, or an undisclosed interest, of the person by whom the statement is furnished as aforesaid and the public interest,
(c) the disclosure of information by a person—
(i) in the performance of his or her functions, or
(ii) in the public interest, to a Minister of the Government, the Secretary to the Government, a Committee, the Commission or a person standing determined for the time being under section 18 as a relevant authority, or
(iii) pursuant to an order of a court for the purpose of proceedings in that court,
or
(d) the disclosure, by or with the consent of the person to whom the information relates, of information contained in a report of a Committee under section 10 or the Commission under section 24 that has not been laid before either House.
(3) A person who contravenes subsection (1) shall be guilty of an offence.
num: 36
paragraphs: —Where a report of a Committee under section 10 or a report of the Commission under section 24 includes a determination that specified steps be taken by a person to secure compliance by the person with this Act, the person shall take those steps within the period specified therefor in the report.
num: 37
paragraphs: —(1) A person guilty of an offence under this Act shall be liable—
(a) on summary conviction, to a fine not exceeding £1,000 or to imprisonment for a term not exceeding 6 months or to both, or
(b) on conviction on indictment, to a fine not exceeding £20,000 or to imprisonment for a term not exceeding 3 years or to both.
(2) Where an offence under this Act is committed by a body corporate and is proved to have been so committed with the consent or connivance of or to be attributable to any neglect on the part of any person, being a director, manager, secretary or other officer of the body corporate, or a person who was purporting to act in any such capacity, that person, as well as the body corporate, shall be guilty of an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.
num: 38
paragraphs: —The Prevention of Corruption Acts, 1889 to 1916, shall be amended as follows:
(a) in the Public Bodies Corrupt Practices Act, 1889 —
(i) in section 1—
(I) by the substitution for “any member, officer or servant of”, in each place where it occurs in subsection (1) and (2), of “an office holder or his or her special adviser or a director of, or occupier of a position of employment in,”, and
(II) the substitution for “public body”, where it secondly occurs in subsection (1) and (2), of “office holder or public body”,
and
(ii) in section 2, by the substitution of the following paragraph for paragraph (a):
“(a) (i) if the conviction is a summary conviction, be liable to a fine not exceeding £1,000 or to imprisonment for a term not exceeding 12 months or to both, or
(ii) if the conviction is on indictment, be liable to a fine not exceeding £50,000 or to imprisonment for a term not exceeding 7 years or to both,
and paragraphs (b) to (e) of this subsection shall apply only if the conviction is on indictment; and”,
and
(iii) in section 7, by the substitution of the following definitions for the definitions of “public body” and “public office”;
“‘public office’ means any office or employment of a person as an office holder or special adviser or as a director of, or occupier of a position of employment in, a public body;
‘director’, ‘office holder’, ‘public body’ and ‘special adviser’ have the meanings assigned to them by the Ethics in Public Office Act, 1995:”,
(b) in section 1 of the Prevention of Corruption Act, 1906 —
(i) in subsection (1), by the substitution for the words from “and shall be liable” to the end of the subsection, of “and shall be liable—
(I) on summary conviction, to a fine not exceeding £1,000 or to imprisonment for a term not exceeding 12 months or to both, or
(II) on conviction on indictment, to a fine not exceeding £50,000 or to imprisonment for a term not exceeding 7 years or to both.”,
and
(ii) by the substitution of the following subsection for subsection (3):
“(3) In this Act ‘agent’ also includes an office holder or a director (within the meaning, in each case, of the Public Bodies Corrupt Practices Act, 1889 , as amended) of, and a person occupying a position of employment in, a public body (within the meaning aforesaid) and a special adviser (within the meaning aforesaid).”,
and
(c) in the Prevention of Corruption Act, 1916 —
(i) by the deletion of section 1,
(ii) by the substitution of the following section for section 2:
“2.—Where in any proceedings against a person for an offence under the Prevention of Corruption Act, 1906 , as amended, or the Public Bodies Corrupt Practices Act, 1889 , as amended, it is proved that any money, gift or other consideration has been paid or given to or received by an office holder or special adviser or a director of, or occupier of a position of employment in, a public body by or from a person or agent of a person holding or seeking to obtain a contract from a Minister of the Government or a public body, the money, gift or consideration shall be deemed to have been paid or given and received corruptly as such inducement or reward as is mentioned in such Act unless the contrary is proved.”, and
(iii) in section 4, by the substitution of the following subsection for subsections (2) and (3):
“(2) In this Act ‘director’, ‘office holder’, ‘special adviser’ and ‘public body’ have the meanings assigned to them by the Public Bodies Corrupt Practices Act, 1889 , as amended, and ‘agent’ and ‘consideration’ have the meanings assigned to them by the Prevention of Corruption Act, 1906 , as amended.”,
and the said section 1, as amended by this section, of the Public Bodies Corrupt Practices Act, 1889 , is set out in the Table to this section.
TABLE
num: 1
paragraphs: (1) Every person who shall by himself or by or in conjunction with any other person, corruptly solicit or receive, or agree to receive, for himself, or for any other person, any gift, loan, fee, reward, or advantage whatever as an inducement to, or reward for, or otherwise on account of an office holder or his or her special adviser or a director of, or occupier of a position of employment in, a public body as in this Act defined, doing or forbearing to do anything in respect of any matter or transaction whatsoever, actual or proposed, in which the said office holder or public body is concerned, shall be guilty of a misdemeanour.
(2) Every person who shall by himself or by or in conjunction with any other person corruptly give, promise, or offer any gift, loan, fee, reward, or advantage whatsoever to any person, whether for the benefit of that person or of another person, as an inducement to or reward for or otherwise on account of an office holder or his or her special adviser or a director of, or occupier of a position of employment in, any public body as in this Act defined, doing or forbearing to do anything in respect of any matter or transaction whatsoever, actual or proposed, in which such office holder or public body as aforesaid is concerned, shall be guilty of a misdemeanour.