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An Bille um Chaighdeáin san Earnáil Phoiblí, 2015
Public Sector Standards Bill 2015
Mar a tionscnaíodh
As initiated
[No. 132 of 2015]
AN BILLE UM CHAIGHDEÁIN SAN EARNÁIL PHOIBLÍ, 2015PUBLIC SECTOR STANDARDS BILL 2015
Mar a tionscnaíodhAs initiated
CONTENTS
PART 1
PRELIMINARY AND GENERAL
Section
1. Short title and commencement
2. Interpretation
3. Material interest in a matter - construction of expression
4. Public official - meaning of expression
5. Categories of public official
6. Public bodies
7. Declarable interests
8. Private declarable interests
9. Candidacy in elections not affected by Act
PART 2
PUBLIC SECTOR STANDARDS
CHAPTER 1
General Principles and Standards of Conduct
10. Standards of integrity
11. Prohibition of benefits, favours, rewards, gifts, etc.
12. Ad hoc declarations by public officials - meetings of the Houses, local authorities,certain committees and boards
13. Further provisions concerning ad hoc declarations by public officials - cases wherefunctions fall to be performed
14. Prohibition on use of confidential information
15. Dealing with land
[No. 132 of 2015]
CHAPTER 2
Obligation to furnish tax clearance certificate
16. Evidence of compliance with Taxation Acts by public officials
17. Requirement for tax clearance certificate in relation to proposed judicial appointmentsand certain other appointments
18. Evidence of subsequent compliance with section 16
19. Tax clearance certificates for purposes of section 16, 17 or 18
CHAPTER 3
Disclosure of Interests
20. Certain declarable or private declarable interests reckonable by reference to annualmonetary amounts - operation of section 21 in that context
21. Obligation to provide declaration of interests (Category A and B public officials)
22. Declaration of certain interests (Category C public officials)
23. Exception to section 21 and supplemental provisions in relation to that section andsection 22
24. Retention of statements and matters concerning legal or medical services
25. Laying of documents in relation to special advisers
PART 3
PUBLIC SECTOR STANDARDS COMMISSIONER
26. Establishment and functions of the Commissioner
27. Dissolution of Commission
28. Deputy Public Sector Standards Commissioner
29. Advice
30. Code of conduct
31. Annual and special reports by Commissioner
PART 4
CONTRAVENTIONS OF THE ACT
CHAPTER 1
Offences
32. Offences
CHAPTER 2
Complaints
33. Complaints to Commissioner
34. Dismissal of complaint
35. Preliminary inquiry
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CHAPTER 3
Investigations by Deputy Commissioner
36. Referral of matters to Deputy Commissioner
37. Investigations
38. Powers of Deputy Commissioner
39. Report of Deputy Commissioner on foot of investigation
CHAPTER 4
Oral Hearing by Commissioner
40. Oral hearing by Commissioner
CHAPTER 5
Miscellaneous Provisions in Relation to Chapters 2, 3 and 4
41. Privileges of witnesses, position as regards liens, expenses, etc.
42. Privilege
43. Admissibility of certain evidence
44. Discovery of documents
45. Preservation of documents
46. Prohibition on disclosure of information
CHAPTER 6
Action on foot of investigation (whether involving an oral hearing or not) and supplementalprovisions
47. Action following investigation
48. Costs of persons appearing before the Commissioner or an investigation officer
49. Award of costs by Commissioner against complainant
50. Commissioner’s report in relation to investigation
PART 5
PROSECUTION OF OFFENCES
51. Prosecution of offences
52. Fixed payments
53. Penalties on conviction
54. Other consequences of a conviction under this Act
PART 6
CIVIL CONSEQUENCES OF CONTRAVENTION
55. Sanctions
56. Suspension by House
57. Automatic disqualification in case of failure to be tax compliant
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58. Validity of acts of public body not affected by reason of contravention or certain suspension
PART 7
OUTSIDE APPOINTMENTS BOARD
59. Engagement with outside bodies
60. Establishment of Outside Appointments Board
PART 8
MISCELLANEOUS
61. Repeals
62. Regulations and orders
63. Expenses
64. Adaptation of references
65. Transitional and saver
66. Schedules 1 and 2: provisions concerning their operation and construction of certainreferences
SCHEDULE 1
PERSONS TO WHOM STATEMENTS OF AD HOC DISCLOSURES ARE TO BE MADE
Part 1
CATEGORY A PUBLIC OFFICIALS
Part 2
CATEGORY B PUBLIC OFFICIALS
Part 3
CATEGORY C PUBLIC OFFICIALS
SCHEDULE 2
PERSONS TO WHOM STATEMENTS OF DECLARABLE INTERESTS ARE TO BE FURNISHED UNDER SECTION 21 OR 22
Part 1
CATEGORY B PUBLIC OFFICIALS
Part 2
CATEGORY C PUBLIC OFFICIALS
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ACTS REFERRED TO
Acquisition of Land (Assessment of Compensation) Act 1919 (9 & 10 Geo. 5, c. 57)
Acquisition of Land (Reference Committee) Act 1925 (No. 22)
Capital Acquisitions Tax Consolidation Act 2003 (No. 1)
Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (No. 24)
Civil Service Regulation Act 1956 (No. 46)
Companies Act 2014 (No. 38)
Courts and Court Officers Act 1995 (No. 31)
Customs Act 2015 (No. 18)
Electoral Act 1992 (No. 23)
Electoral Act 1997 (No. 25)
Ethics in Public Office Act 1995 (No. 22)
European Parliament Elections Act 1997 (No. 2)
Finance (Local Property Tax) Act 2012 (No. 52)
Houses of the Oireachtas (Inquiries, Privileges and Procedures) Act 2013 (No. 33)
Interpretation Act 2005 (No. 23)
Local Government Act 2001 (No. 37)
Multi-Unit Developments Act 2011 (No. 2)
Petty Sessions (Ireland) Act 1851 (14 & 15 Vict., c.93)
Planning and Development Act 2000 (No. 30)
Prevention of Corruption Acts 1889 to 2010
Public Service Management Act 1997 (No. 27)
Regulation of Lobbying Act 2015 (No. 5)
Stamp Duties Consolidation Act 1999 (No. 31)
Standards in Public Office Act 2001 (No. 31)
Taxes Consolidation Act 1997 (No. 39)
Value-Added Tax Consolidation Act 2010 (No. 31)
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AN BILLE UM CHAIGHDEÁIN SAN EARNÁIL PHOIBLÍ, 2015PUBLIC SECTOR STANDARDS BILL 2015
Billentitled
An Act to provide for the establishment of the Office of the Public Sector Standards Commissioner, to confer on the holder of that office certain functions, including certain functions of the Standards in Public Office Commission, to provide for standards of conduct for public officials and impose on them certain obligations in connection therewith, to provide sanctions in cases of non-compliance with those obligations, to provide for the investigation of complaints that those obligations have not been complied with, to provide for a system of disclosure of interests, to provide for the furnishing of tax clearance certificates to the Office of the Public Sector Standards Commissioner by certain public officials, to establish a board for the purpose of performing certain functions concerning outside appointments that may be taken up by public officials, to repeal certain provisions of the Ethics in Public Office Act 1995 and the Standards in Public Office Act 2001, and Part 15 of the Local Government Act 2001, and to provide for related matters.
Be it enacted by the Oireachtas as follows:
PART 1
PRELIMINARY AND GENERAL
Short title and commencement1. (1) This Act may be cited as the Public Sector Standards Act 2015.
(2) This Act shall come into operation on the day that is 6 months from the passing of this Act, or such earlier day as the Minister may appoint by order.
Interpretation2. (1) In this Act—
“Act of 1997” means the Electoral Act 1997;
“actual knowledge” means actual, direct and personal knowledge as distinct from constructive, implied or imputed knowledge and includes, in relation to a fact, belief
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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;
“application statement” shall be construed in accordance with section 19(4);
“authorised official” shall be construed in accordance with section 35(1);
“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 exercise of influence or pretended aid, vote, consent or exercise of influence,
(c) any promise or procurement of or agreement or endeavour to procure, or the holding out of any expectation of any loan, fee, reward or other thing referred to in a preceding paragraph of this definition,
or other advantage and the avoidance of a loss, liability, penalty, forfeiture, punishment or other disadvantage;
“chief executive”, in relation to a local authority, means a chief executive for the purpose of section 144 of the Local Government Act 2001;
“civil partner”, in relation to a person, means a civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 but does not include a civil partner who is living separately and apart from the person;
“Civil Service” means the Civil Service within the meaning of the Civil Service Regulation Act 1956;
“Clerk” means, in relation to members of Dáil Éireann, the Clerk of Dáil Éireann and, in relation to members of Seanad Éireann, the Clerk of Seanad Éireann;
“Collector-General” means the Collector-General appointed under section 851 of the Taxes Consolidation Act 1997;
“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
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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;
“Committee” and “Joint Committee”, in relation to a House of the Oireachtas, include a sub-committee of a committee or, as the case may be, joint committee of the House or Houses;
“Commissioner” shall be construed in accordance with section 26;
“company” means a company formed and registered under the Companies Act 2014 or an existing company within the meaning of that Act;
“complainant” shall be construed in accordance with section 33;
“connected person”, in relation to a public official, shall be construed in accordance with subsection (2);
“contravene” includes fail to comply with;
“declarable interest” shall be construed in accordance with section 7;
“declaration date” means 21 May, 21 September or 21 January;
“declaration period” means each period in any year that comprises the 4 months ending with the last day of April, August or December in that year;
“Deputy Commissioner” shall be construed in accordance with section 28;
“director” means a director within the meaning of the Companies Act 2014, but includes, in the case of a public body that is not a company, a person who is a member of it or a member of any board or other body that controls, manages or administers it;
“donation” shall be construed in accordance with section 22 of the Act of 1997;
“employer”, in relation to a public official, shall be construed in accordance with section 4(4)
“enactment” includes a statutory instrument within the meaning given by section 2 of the Interpretation Act 2005;
“gift” does not include—
(a) a donation, or
(b) travel, accommodation, refreshment or ancillary facilities;
“head”, whether that expression is used in relation to a public official’s “employer” or in relation to a “public body”, means—
(a) in relation to a Department of State, the Secretary General of it,
(b) in relation to the Office of the Attorney General, the Attorney General,
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(c) in relation to the Office of the Director of Public Prosecutions, the Director of Public Prosecutions,
(d) in relation to the Office of the Comptroller and Auditor General, the Comptroller and Auditor General,
(e) in relation to the Office of the Ombudsman, the Ombudsman,
(f) in relation to the Office of the Information Commissioner, the Commissioner,
(g) in relation to the Financial Services Ombudsman’s Bureau, the Financial Services Ombudsman,
(h) in relation to the Houses of the Oireachtas Service, the Chairman of Dáil Éireann,
(i) in relation to the Houses of the Oireachtas Commission, its chairperson,
(j) in relation to the Office of the Ombudsman for Children, the Ombudsman for Children,
(k) in relation to the Office of the Pensions Ombudsman, the Pensions Ombudsman,
(l) in relation to the Office of the Legal Services Ombudsman, the Legal Services Ombudsman,
(m) in relation to the Garda Síochána, the Garda Commissioner,
(n) in relation to the Garda Síochána Ombudsman Commission, its chairperson, and
(o) in relation to any other public body, the person who holds, or performs the functions of, the office of chief executive officer of the body (or the position in the public body that is equivalent to that of chief executive officer);
“House”, where used without qualification, means a House of the Oireachtas;
“investigation officer” shall be construed in accordance with section 37(1);
“land” includes any structure and any land covered with water (whether inland or coastal);
“local authority” means—
(a) a county council,
(b) a city council, or
(c) a city and county council;
“member of a local authority” includes a Cathaoirleach and Leas–Cathaoirleach of a local authority;
“Minister” means the Minister for Public Expenditure and Reform;
“Office of the Commissioner” means the Office of the Public Sector Standards Commissioner;
“private declarable interest” shall be construed in accordance with section 8;
“property” means real or personal property;
“public body” shall be construed in accordance with section 6;
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“public official” shall be construed in accordance with section 4;
“relative”, in relation to a public official, means a brother, sister, parent or spouse of the person or a child of the public official or of the spouse;
“respondent” shall be construed in accordance with section 33;
“special adviser” means a person who is appointed under section 11 of the Public Service Management Act 1997;
“spouse”, in relation to a person—
(a) does not include a spouse who is living separately and apart from the person; and
(b) includes a civil partner and a person with whom the first-mentioned person is cohabiting as husband and wife or as a civil partner;
“Taxation Acts” means—
(a) the Tax Acts (within the meaning of section 1 of the Taxes Consolidation Act 1997),
(b) the Capital Gains Tax Acts (within the meaning of section 1 of the Taxes Consolidation Act 1997),
(c) Parts 18A to 18D of the Taxes Consolidation Act 1997,
(d) the Stamp Duties Consolidation Act 1999, and the enactments amending or extending that Act,
(e) the Capital Acquisitions Tax Consolidation Act 2003, and the enactments amending or extending that Act,
(f) the Value-Added Tax Consolidation Act 2010, and the enactments amending or extending that Act,
(g) the statutes relating to the duties of excise and to the management of those duties,
(h) the Customs Act 2015 and the enactments amending or extending that Act,
(i) the Finance (Local Property Tax) Act 2012, and the enactments amending or extending that Act,
and any instrument made thereunder and any instrument that is made under any other enactment and which relates to tax (including in respect of stamp duties and of duties relating to customs and excise);
“tax clearance certificate” shall be construed in accordance with section 19;
“value”, in relation to—
(a) a gift, or
(b) other property,
means the price which the property the subject of the gift or, as the case may be, the other property would fetch if it were sold on the open market on the date on which the gift was given, or, in the case of other property, the date on which a statement in accordance with Chapter 3 of Part 2 is furnished in relation to it, in such manner and
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subject to such conditions as might reasonably be calculated to obtain for the vendor the best price for the property.
(2) Any question whether a person is connected with another for the purposes of this Act shall be determined in accordance with the following provisions of this subsection (any provision that one person is connected with another person being taken to mean also that that other person is connected with the first-mentioned person):
(a) a person is connected with an individual if that person is a relative of the person,
(b) a person, in his or her capacity as a trustee of a trust, is connected with an individual who or any of whose children or as respects whom any body corporate which he or she controls is a beneficiary of the trust,
(c) a person is connected with any person with whom he or she is in partnership, or is in the employment of,
(d) a company or other body corporate is connected with another person if—
(i) that person has control of it or that person and persons connected with that person together have control of it, or
(ii) there is held by that person or by that person’s nominee or a connected person or his or her nominee the beneficial ownership of shares in the company or other body corporate, the nominal value of which exceeds (or, as the case may be, the nominal value of the aggregate of which exceeds) the specified amount,
(e) a company or other body corporate and the directors of the company or other body corporate are connected with a person where he or she or a connected person is a director of the company or other body corporate,
(f) any two or more persons acting together to secure or exercise control of a company or other body corporate shall be treated in relation to that company or body as connected with one another and with any person acting on the directions of any of them to secure or exercise control of the company or body,
(g) any person—
(i) who is wholly or substantially dependent on another person, or
(ii) whose affairs are so closely connected with another person’s affairs that a benefit derived by the person or a substantial part of it could pass to the other person,
is connected with that other person.
(3) In subsection (2) “control” has the meaning assigned to it by section 11 of the Taxes Consolidation Act 1997.
(4) In subsection (2)(d)(ii) “specified amount” means the lesser of—
(a) €13,000, or
(b) one-hundredth part of the total nominal value of the issued share capital of the company or other body corporate or, if that capital is issued in shares of more than one class, the issued share capital of the class or classes of shares in which
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the person or persons concerned referred to in subsection (2)(d)(ii) has or have a beneficial interest.
(5) For the purposes of this Act an employee of a local authority who, by virtue of an arrangement or agreement entered into under the Local Government Act 2001 or any other enactment, is performing duties under or in respect of another local authority, shall be deemed to be also an employee of the other authority.
(6) Where any body which is a company within the meaning of subsection (11) of section 7 of the Companies Act 2014 is, by virtue of that section, a subsidiary of another or another such company’s holding company, a person who is a member of the first-mentioned body in this subsection shall, for the purposes of this Act, be deemed also to be a member of the other company.
(7) For the purposes of this Act, a public official shall be deemed to have an interest in property if the person would be regarded as having, for the purposes of the Capital Acquisitions Tax Consolidation Act 2003, the power to make a disposition of that interest.
Material interest in a matter - construction of expression3. For the purposes of this Act, a public official or a connected person has a material
interest in a matter if the consequence or effect of—
(a) the performance by the public official of a function, or
(b) any decision made in relation to or in the course or as a result of the performance of a function by the public official,
concerning that matter, may be either—
(i) to confer on or withhold from the official or the connected person a significant benefit, or
(ii) to impose on the official or the connected person a significant loss, liability, penalty, forfeiture, punishment or other disadvantage,
without also conferring it on, withholding it from or imposing it on persons in general or a class of persons which is of significant size having regard to all the circumstances and of which the official or the connected person is a member.
Public official - meaning of expression4. (1) For the purposes of this Act, “public official” means—
(a) a person who is—
(i) a member of Dáil Éireann or Seanad Éireann;
(ii) a member of the European Parliament for a constituency in the State;
(iii) a member of a local authority;
(iv) the Attorney General; or
(v) the Comptroller and Auditor General,
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or
(b) a person who holds office or another position in a public body, being an office or other position specified in section 5(1), (3) or (5).
(2) In this section “office or other position” includes—
(a) an office as a director, or
(b) a position as an employee.
(3) None of the following—
(a) a judge,
(b) a member of the board of the Courts Service who is a judge, or
(c) a member or officer of any other public body who is a judge,
shall be a public official for the purposes of this Act and section 5 shall be construed accordingly.
(4) A reference in this Act to a public official’s employer shall be construed as including a reference to a public body in which there is held by the public official concerned an office or other position that is not one of employment, and “employ” in this Act shall be construed accordingly.
(5) Where a dispute arises as to whether this section applies to a person or category of persons, the dispute shall be submitted to the Minister whose determination shall be binding.
Categories of public official5. (1) Each of the following is a “Category A public official” for the purposes of this Act:
(a) a member of Dáil Éireann or Seanad Éireann;
(b) a member of the European Parliament for a constituency in the State;
(c) a member of a local authority;
(d) the Attorney General;
(e) the Comptroller and Auditor General;
(f) the Director of Public Prosecutions;
(g) a special adviser whose remuneration exceeds a prescribed amount;
(h) the chairperson of a public body;
(i) the chief executive officer of a public body, or the holder of any position in a public body that is equivalent to that of chief executive officer;
(j) the chief executive of a local authority;
(k) any other person holding an office or other position in a public body in respect of which the remuneration is not less than the lowest remuneration in relation to the position of Deputy Secretary General in the Civil Service;
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(l) any other person holding an office or other position in a public body prescribed for the purposes of this subsection.
(2) A person who is a Category A public official for the purposes of this Act and who, apart from this subsection, would, by virtue of subsection (3) or (5), also be, for those purposes, at the same time a Category B, or a Category C, public official shall be a Category A public official for those purposes to the exclusion of the application of either of those other two categories at that time.
(3) Each of the following is a “Category B public official” for the purposes of this Act:
(a) a person holding an office or other position in a public body in respect of which the maximum salary is not less than the maximum salary of a principal officer (general service grade and subject to Class B pay related social insurance) in the Civil Service;
(b) a member of a board of a public body (other than the chairperson of that public body);
(c) the Master of the High Court, a Deputy Master of the High Court, a Taxing Master, a County Registrar, a City Sheriff, a County Sheriff or a Property Arbitrator; or
(d) any other person holding an office or other position in a public body prescribed for the purposes of this subsection.
(4) A person who is a Category B public official for the purposes of this Act and who, apart from this subsection, would, by virtue of subsection (5), also be, for those purposes, at the same time a Category C public official shall be a Category B public official for those purposes to the exclusion of the application of that other category at that time.
(5) Each of the following is a “Category C public official” for the purposes of this Act:
(a) any person holding an office or other position in a public body that does not fall within subsection (3)(a);
(b) a person who is a member of a committee, joint committee or joint body of a local authority, other than a member of a local authority;
(c) any other person holding an office or other position in a public body prescribed for the purposes of this subsection.
(6) The Minister, after consultation with such other Ministers of the Government (if any) as, in the Minister’s opinion, ought to be consulted, may make an order—
(a) excluding from subsection (1), (3) or (5) a class of person (defined in the order) who holds an office or other position in a public body, or
(b) adding to subsection (1), (3) or (5) a class of person (defined in the order) who holds an office or other position in a public body,
and a class of person so defined that is excluded from one of the foregoing subsections by such an order, or specified categories of person within that class, may be the subject of a class, defined in the order, that is added by such an order to another of the foregoing subsections.
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(7) Where a dispute arises as to whether this section applies to a person or category of persons, the dispute shall be submitted to the Minister whose determination shall be binding.
Public bodies6. (1) Each of the following is a “public body” for the purposes of this Act:
(a) the Civil Service and each constituent component of it;
(b) the Garda Síochána;
(c) the Defence Forces;
(d) a local authority;
(e) the Health Service Executive;
(f) the Central Bank of Ireland;
(g) an education and training board;
(h) a higher education institution in receipt of public funds;
(i) a body established—
(i) by or under an enactment (other than the Companies Act 2014 or a former enactment relating to companies within the meaning of section 5 of that Act), or
(ii) under the Companies Act 2014 (or a former enactment relating to companies within the meaning of section 5 of that Act) in pursuance of powers conferred by or under another enactment, and financed wholly or partly by means of money provided, or loans made or guaranteed, by a Minister of the Government or the issue of shares held by or on behalf of a Minister of the Government, being a body in respect of which a public service pension scheme exists or applies or may be made;
(j) a body that is wholly or partly funded, directly or indirectly, out of money provided by the Oireachtas or from the Central Fund or the growing produce of that Fund and in respect of which a public service pension scheme exists or applies or may be made;
(k) any subsidiary of, or company controlled (within the meaning given by section 10 of the Taxes Consolidation Act 1997) by, a body to which paragraph (d), (e), (f), (g), (h), (i), or (j) relates and in respect of which a public service pension scheme exists or applies or may be made;
(l) notwithstanding the repeal of provisions of the Ethics in Public Office Act 1995 or Standards in Public Office Act 2001 by this Act, a body that was a public body within the meaning of those Acts prior to the commencement of this Act;
(m) any other body declared by an order for that purpose under subsection (3).
(2) For the purposes of subsequent provisions of this Act that contain a reference to a public official, being a public official who is a civil servant in the Civil Service (whether the Civil Service of the Government or the Civil Service of the State), a
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reference in such a provision to a public body or a public official’s employer shall, in the case of such an official, be construed as a reference to the relevant constituent component of the Civil Service that employs the official.
(3) The Minister may, after consultation with—
(a) the Commissioner,
(b) the body concerned,
(c) such other Ministers of the Government (if any) as, in the Minister’s opinion, ought to be consulted, and
(d) such committee (if any) of the Houses of the Oireachtas as, in the Minister’s opinion, ought to be consulted,
and having regard to the matters specified in subsection (4), by order declare a body to be a public body for the purposes of this Act, but only if it is a body wholly or partly funded, directly or indirectly, out of money provided by the Oireachtas or from the Central Fund or the growing produce of that Fund.
(4) The matters referred to in subsection (3) are—
(a) the need to ensure the oversight of staff of the body concerned,
(b) the need for adherence to the standards of integrity and concern for the public interest (as set out in section 10), and
(c) the need to ensure accountability and the promotion of the principle of transparency in government and public affairs.
(5) An order under subsection (3) may include provision that the declaration with respect to the body concerned shall not operate in relation to, or shall operate to the extent only of, specified elements of that body and that, accordingly (as the case may be)—
(a) the body shall not be a public body for the purposes of this Act as respects those specified elements of it, or
(b) the body shall be a public body for the purposes of this Act only to the extent of those specified elements of it.
(6) The Minister may after consultation with—
(a) such other Ministers of the Government (if any) as, in the Minister’s opinion, ought to be consulted, and
(b) such committee (if any) of the Houses of the Oireachtas as, in the Minister’s opinion, ought to be consulted,
and having regard to the matters specified in subsection (4), by order amend or revoke an order under subsection (3).
(7) The Minister may, after consultation with such other Ministers of the Government (if any) as, in the Minister’s opinion, ought to be consulted and the body concerned, by order provide that this section shall not apply to a specified body.
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(8) The Minister may, after consultation with such other Ministers of the Government (if any) as, in the Minister’s opinion, ought to be consulted, by order amend or revoke an order under subsection (7).
(9) The power of amendment or revocation under subsection (6) or (8) is without prejudice to the application of section 22(3) of the Interpretation Act 2005 to other provisions of this Act enabling the making of orders.
(10) Where a dispute arises as to whether this section applies to a body, the dispute shall be submitted to the Minister whose determination shall be binding.
Declarable interests7. (1) Each of the interests specified in this section is a declarable interest for the purposes
of this Act, and the following forms of interest are dealt with by the following subsections—
(a) income - subsection (2);
(b) a contract - subsection (3);
(c) an office - subsection (4);
(d) assets - subsection (5);
(e) gifts, travel, accommodation, refreshment or ancillary facilities - subsection (6);
(f) property supplied or lent, or a service supplied, at less than the commercial consideration or price or free of charge - subsection (8);
(g) interests of a residual nature - subsection (9).
(2) Each of the following sources of income (as distinct from the amount of the income) is a declarable interest for the purposes of this Act—
(a) where it exceeds €2,600 in a year, the source of any remunerated trade, profession, employment, vocation, or other occupation of the public official concerned (excluding his or her remuneration as a public official or by virtue of any position referred to in paragraph (c)), but this paragraph is subject to subsection (12);
(b) the source of any income related to dealing in or developing land by or on behalf of the public official concerned and, for this purpose, income of a company or other body corporate related to dealing in or developing land shall, if the company or other body corporate is, in relation to the public official, a connected person by virtue of section 2(2)(d)(i) or (ii), be taken to fall within this paragraph;
(c) the source of any income related to a position of consultant or adviser, or as a lobbyist within the meaning of the Regulation of Lobbying Act 2015 held by the public official concerned.
(3) The following contract is a declarable interest for the purposes of this Act, namely, any contract to which the public official concerned is a party or is in any other way, directly or indirectly, interested for the supply of goods or services to a public body if the value of the goods or services so supplied during a year exceeds, or in aggregate exceeds, €5,000.
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(4) Each of the following offices is a declarable interest for the purposes of this Act, namely, any directorship, shadow directorship or other office or position of management in any company or other body corporate held by the public official concerned, and in this subsection “shadow directorship” means the position held by a person who is a shadow director for the purposes of the Companies Act 2014.
(5) Each of the following assets is a declarable interest for the purposes of this Act—
(a) any estate or interest in land held by the public official concerned (other than a family home) the value of which estate or interest is in excess of €10,000, and, without prejudice to the foregoing, an interest in land held by the public official shall be deemed to include—
(i) the interest of the public official in any contract entered into by him or her for the purchase of land, whether or not a deposit or part payment has been made under the contract, and
(ii) the interest of the public official in—
(I) any option held by him or her to purchase land, whether or not any consideration has been paid for it, or
(II) land in respect of which such an option has been exercised by the person but which has not yet been conveyed to the person,
and any estate or interest in land, in excess of the foregoing value, held by a company or other body corporate shall, if the company or other body corporate is, in relation to the public official, a connected person by virtue of section 2(2)(d)(i) or (ii), be taken for the purposes of this paragraph to be held by the public official and subparagraphs (i) and (ii) shall apply to such a company or other body corporate with the substitution, for each of the references to the public official, of references to the company or body corporate;
(b) any beneficial or legal interest or holding in shares or bonds or debentures, or other like investments, in a particular company or other enterprise or undertaking held by the public official concerned if the interest or holding exceeds €13,000 in value, but excluding—
(i) any such interest or holding in a company or other body corporate that has income falling within subsection (2)(b) or any estate or interest in land falling within paragraph (a), and which company or body corporate is, in relation to the public official, a connected person by virtue of section 2(2)(d)(i) or (ii),
(ii) money in a current, deposit or other similar account with a financial institution, or
(iii) any such interest or holding in a company that is not trading for the acquisition of gain by its members or that, for the purposes of the Taxes Consolidation Act 1997, enjoys the status of a charity, and, in either case, is entitled to and receives an exemption from tax by virtue of the Taxes Consolidation Act 1997 or any other enactment,
(iv) any such interest or holding in an owners’ management company (within the meaning of the Multi-Unit Developments Act 2011).
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(6) Each of the following gifts, travel, accommodation, refreshment or ancillary facilities is a declarable interest for the purposes of this Act—
(a) any gift the value of which exceeds €200 but is not more than €600, given to the public official concerned in connection with the performance of his or her functions (or could reasonably be perceived to be so connected) where the cost is met otherwise than by the official’s employer;
(b) any travel, accommodation, refreshment or ancillary facilities the value of which exceed €600 provided to the public official concerned but excluding travel, accommodation, refreshment or ancillary facilities:
(i) provided in the course and for the purpose of performing his or her functions, or
(ii) provided by a relative of the official, except where the acceptance of such might reasonably be seen to have been capable of influencing the public official in the performance of his or her functions.
(7) For the purposes of—
(a) subsection (6)(a), the reference in that provision to a gift, of the value specified in that provision and given to the public official in the circumstances specified in that provision, is a reference to—
(i) such a gift given, in those circumstances, in a particular year to the official by a particular person, or
(ii) a series of gifts given, in those circumstances, in a particular year to the official by a particular person, the value of which, when aggregated, is the value specified in that provision,
(b) subsection (6)(b), the reference in that provision to travel, accommodation, refreshment or ancillary facilities, of the value specified in that provision and provided to the public official in the circumstances specified in that provision, is a reference to—
(i) such travel, accommodation, refreshment or ancillary facilities provided, in those circumstances, in a particular year to the official by a particular person, or
(ii) travel, accommodation, refreshment or ancillary facilities provided, in those circumstances, on more than one occasion in a particular year to the official by a particular person, the value of which, when aggregated, is the value specified in that provision.
(8) Each of the following is a declarable interest for the purposes of this Act, namely, the supply or lending of the following to the public official concerned in connection with the performance of his or her functions (or such a supply or lending, to the official, which could reasonably be perceived to be so connected), that is to say—
(a) the supply or lending of property, or the supply of a service, to the official, once or more than once by a particular person in a particular year, for a consideration or considerations or at a price or prices less than the commercial consideration or
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considerations or commercial price or prices by more than €200 but not more than €600, or
(b) the supply or lending of property free of charge, or the supply of a service free of charge, to the official, once or more than once by a particular person in a particular year, if the commercial consideration or considerations or commercial price or prices is or are more than €200 but not more than €600.
(9) Each of the following other interests is a declarable interest for the purposes of this Act—
(a) any interest, being an interest—
(i) of the spouse or of a child of the public official concerned, and
(ii) of which the public official has actual knowledge that the interest could reasonably be perceived to be connected with the performance of his or her functions,
(b) any other interest which may be prescribed for the purposes of this subsection;
(c) any other interest which is not specified in any of subsections (2) to (8) or in paragraph (a) or in regulations under paragraph (b), which the public official concerned wishes to volunteer.
(10) The reference in subsection (9) to an interest of a public official’s spouse or of a child of a public official shall be construed (in a case where the spouse or child is not himself or herself a public official) as a reference to an interest of the spouse or the child that, if the spouse or child, as the case may be, were a public official, would be a declarable interest.
(11) The reference in subsection (6)(b) to travel, accommodation, refreshment or ancillary facilities provided in the course and for the purpose of performing a public official’s functions shall be construed as a reference to the thing concerned being provided—
(a) by the public official’s employer,
(b) by an international organisation of states or Governments of which the State or the Government is a member or a subsidiary organ of such an organisation,
(c) by an institution or body of the European Union,
(d) by the Inter-Parliamentary Union (or other such similar bodies as may be specified by either House of the Oireachtas, a local authority or the European Parliament in respect of its members),
(e) within the State by, or on behalf of, a Committee of either House of the Oireachtas or undertaken on foot of a resolution of either House, a local authority or the European Parliament, as the case may be, or
(f) to a member of either House of the Oireachtas and paid for wholly by the member’s political party or by a political group of the European Parliament.
(12) A reference to the source of income in subsection (2)(a) does not include a reference to particular clients of a business or profession of the official.
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(13) In subsection (5)(a) “family home” means the private home of the public official concerned or of his or her spouse, that is to say, a building or part of a building that is primarily occupied by the official or his or her spouse or a child of the person or of the spouse as a separate dwelling and any garden or other land usually occupied with the dwelling, being land that is subsidiary or ancillary to it, is required for its amenity or convenience and is not being used or developed primarily for commercial purposes.
Private declarable interests8. (1) Each of the following interests is a private declarable interest for the purposes of this
Act:
(a) the amount of income of the public official concerned from each source declared under section 7(2)(a),
(b) any individual asset of the public official concerned, the value of which is in excess of €50,000, but excluding pensions, or an interest in the private home of the official or of the official’s spouse (as that expression is to be construed in accordance with section 7(13)),
(c) any liability of the public official concerned in excess of €50,000 (other than a charge on the private home referred to in paragraph (b)),
(d) an interest of a relative (except a spouse or child of the official) of the public official concerned of which the official has actual knowledge where such an interest could reasonably be perceived to be connected with the performance of a function of the official,
(e) any gift the value of which exceeds €200 given to the public official concerned by a person who is not a relative of the official and is not connected with the performance of his or her functions,
(f) any travel, accommodation, refreshment or ancillary facilities the value of which exceeds €600 provided to the public official concerned by a person who is not a relative of the official and which are not connected with the performance of his or her functions,
(g) the supply or lending of the following to the public official concerned by a person who is not a relative of the official and which supply or lending is not connected with the performance of his or her functions, that is to say—
(i) the supply or lending of property, or the supply of a service, to the official, once or more than once by a particular person in a particular year, for a consideration or considerations or at a price or prices less than the commercial consideration or considerations or commercial price or prices by more than €200, or
(ii) the supply or lending of property free of charge, or the supply of a service free of charge, to the official, once or more than once by a particular person in a particular year, if the commercial consideration or considerations or commercial price or prices is or are more than €200,
(h) any other interest which may be prescribed for the purposes of this section.
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(2) The reference in subsection (1)(d) to an interest of a public official’s relative shall be construed (in a case where the relative is not himself or herself a public official) as a reference to an interest of the relative that, if the relative were a public official, would be a declarable interest.
(3) For the purposes of—
(a) subsection (1)(e), the reference in that provision to a gift, of the value specified in that provision and given to the public official in the circumstances specified in that provision, is a reference to—
(i) such a gift given, in those circumstances, in a particular year to the official by a particular person, or
(ii) a series of gifts given, in those circumstances, in a particular year to the official by a particular person, the value of which, when aggregated, is the value specified in that provision,
and
(b) subsection (1)(f), the reference in that provision to travel, accommodation, refreshment or ancillary facilities, of the value specified in that provision and provided to the public official in the circumstances specified in that provision, is a reference to—
(i) such travel, accommodation, refreshment or ancillary facilities provided, in those circumstances, in a particular year to the official by a particular person, or
(ii) travel, accommodation, refreshment or ancillary facilities provided, in those circumstances, on more than one occasion in a particular year to the official by a particular person, the value of which, when aggregated, is the value specified in that provision.
Candidacy in elections not affected by Act9. (1) Subject to subsection (2), nothing in this Act shall prevent a person who is otherwise
eligible to be a candidate in an election for—
(a) either House of the Oireachtas,
(b) a local authority, or
(c) the European Parliament for a constituency in the State,
from being such a candidate.
(2) In respect of a case specified in subsection (3), the operation of section 41(j) of the Electoral Act 1992 (including that provision as applied by section 11 of the European Parliament Elections Act 1997, any corresponding provision in relation to an election for Seanad Éireann or section 13(1)(j) of Local Government Act 2001 is not affected by this section.
(3) The case referred to in subsection (2) is one in which a person is convicted of an offence under this Act and sentenced to a term of imprisonment.
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PART 2
PUBLIC SECTOR STANDARDS
CHAPTER 1
General Principles and Standards of Conduct
Standards of integrity10. (1) In performing his or her functions, it is the duty of every public official:
(a) to maintain proper standards of integrity and concern for the public interest, and
(b) to use resources efficiently and effectively.
(2) In subsection (1) “concern for the public interest” includes concern for the need to adhere to the principles of accountability and transparency in government and public affairs.
Prohibition of benefits, favours, rewards, gifts, etc.11. (1) A public official shall not seek or exact from any person, other than from the official’s
employer, any benefit, remuneration, fee, reward or other favour for anything done or not done by virtue of his or her employment, engagement or office.
(2) Subsection (1) shall not be construed so as to exclude the persons to whom that subsection relates from the application of the Prevention of Corruption Acts 1889 to 2010, and any Act which is to be construed together as one with those Acts.
(3) A public official shall not—
(a) accept a gift the value of which exceeds €600, except a gift which is unconnected with the performance of his or her functions, or
(b) accept gifts (except if each of them is unconnected with such performance) from the same person, the value of which, in aggregate, exceed €600 over the period of a year.
(4) Where a gift the value of which exceeds €600 is given to a public official, then, unless the gift is unconnected with the performance of the official’s functions, he or she shall, within 14 days after receiving the gift—
(a) remit the gift or its value to the State or a public body,
(b) notify the Commissioner in writing of its receipt and of the name and address (if known) of the person who gave the gift, and of the body to whom the gift was remitted.
(5) A public official shall not accept or permit, except if such supply or lending is unconnected with the performance of his or her functions—
(a) the supply or lending of property, or the supply of a service, to the official, once or more than once by a particular person in a particular year, for a consideration or considerations or at a price or prices less than the commercial consideration or considerations or commercial price or prices by more than €600, or
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(b) the supply or lending of property free of charge, or the supply of a service free of charge, to the official, once or more than once by a particular person in a particular year, if the commercial consideration or considerations or commercial price or prices is or are more than €600.
Ad hoc declarations by public officials - meetings of the Houses, local authorities, certain committees and boards12. (1) Subsection (3) shall apply where at a meeting of—
(a) either House of the Oireachtas or a Committee of either House or a Joint Committee of the Houses,
(b) a local authority or of any committee, joint committee or joint body of a local authority, or
(c) any committee or board of a public body,
a resolution, motion, question or other matter is proposed or otherwise arises either—
(i) as a result of any of its functions under this or any other enactment (or in the case of a House of the Oireachtas, whether under any enactment or otherwise), or
(ii) as regards the performance by the body of any of its functions under this or any other enactment (or in the case of a House of the Oireachtas, whether under any enactment or otherwise).
(2) In subsection (3) “relevant matter” means the resolution, motion, question or other matter referred to in subsection (1).
(3) Where this subsection applies—
(a) a member of the House,
(b) a member of the local authority or,
(c) in the case of subsection (1)(c), a public official who is a member of the board or committee referred to in that provision,
who is present at the meeting referred to in subsection (1) shall, if he or she has actual knowledge that he or she or a connected person has a material interest in the relevant matter—
(i) disclose the nature of his or her interest, or the fact of a connected person’s interest at the meeting, and before discussion or consideration of the relevant matter commences, and
(ii) save in the case of a member of the House, withdraw from the meeting for so long as the relevant matter is being discussed or considered,
and accordingly, save in the case of a member of the House, he or she shall take no part in the discussion or consideration of the relevant matter and shall refrain from voting in relation to it.
(4) Where—
(a) a member of the House or the local authority or, as the case may be, a public official who is a member of the board or committee referred to in paragraph (c)
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of subsection (1) has actual knowledge that a matter is likely to arise at the meeting referred to in that subsection (referred to subsequently in this subsection as the “matter concerned”), and
(b) the meeting is one at which the member or other public official is not present, but at which, if he or she were present, the matter concerned would be a matter in respect of which disclosure would be required to be made by him or her under subsection (3),
then that person shall in advance of such meeting make such disclosure in writing and furnish that written disclosure to the relevant person specified in Schedule 1.
(5) There shall be recorded in the minutes of any meeting referred to in subsection (1) a reference to any disclosure made for the purposes of either of subsection (3) or (4) and of any subsequent withdrawal from the meeting.
(6) The obligation to withdraw under this section does not apply if 50 per cent or more of the members of the body in question would be obliged to withdraw by virtue of this section.
Further provisions concerning ad hoc declarations by public officials - cases where functions fall to be performed13. (1) Where a public official has actual knowledge that he or she or a connected person—
(a) has a declarable interest,
(b) holds any unremunerated office or position or membership of an organisation, or
(c) has any other interest,
which could reasonably be regarded as creating a conflict of interest in relation to the performance by the public official of any of his or her functions, the public official shall—
(i) disclose, in writing, the nature of his or her interest or the fact of the connected person’s interest to the relevant person specified in Schedule 1, before performing the function, and
(ii) shall not perform the function unless there are compelling reasons requiring him or her to do so.
(2) Where a public official has actual knowledge that he or she or a connected person has a material interest in a matter as respects which the public official may perform a function, the public official shall disclose, in writing, the nature of his or her interest or the fact of the connected person’s interest to the relevant person specified in Schedule 1, before performing the function.
(3) Where—
(a) a public official has actual knowledge that a function is likely to fall to be performed by or on behalf of the public body concerned,
(b) the function is one with which the public official would ordinarily be concerned, and
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(c) the time at which the function is likely to be so performed is, to the public official’s actual knowledge, a time at which the official will not be attending to his or her duties as such an official,
then if it is the case that, were those duties to be attended to by the official at that time, a disclosure, in writing, to the relevant person specified in Schedule 1 in respect of the matter would be required to be made by the official under subsection (1), the official shall, prior to that time, make such disclosure to that relevant person.
Prohibition on use of confidential information14. Without prejudice to any other enactment, where confidential information is obtained by
a public official in his or her capacity as a public official, he or she shall not use that information to improperly further, or seek to further, the private interests of that official or a connected person.
Dealing with land15. (1) A member of a local authority shall not, in the period specified in subsection (3),
acquire or dispose of land (or an interest in it) or deal in any professional capacity with land if—
(a) the local authority performs a function under the Planning and Development Act 2000 affecting that land during that member’s term of office as such a member,
(b) the performance of the function is one that involved the passing of a resolution by the members of the local authority and that member has cast a vote in respect of the resolution, and
(c) that member, on or around the time the function is performed by the local authority, is engaged in an activity which primarily involves the sale or development of land.
(2) For the purpose of subsection (1)(a) a local authority performs a function under the Planning and Development Act 2000 affecting the land referred to in that provision (the “relevant land”) if it—
(a) makes a development plan or varies an existing development plan and the zoning in respect of the relevant land under that plan as so made or so varied is different from the zoning in respect of it under, as the case may be—
(i) the development plan that was in force immediately before the making of that plan, or
(ii) the existing development plan before the making of the variation,
(b) passes a resolution under section 169(4)(b) of that Act making, subject to variations and modifications, a draft planning scheme under section 168 of that Act and those variations and modifications include or consist of variations and modifications that relate to the relevant land or an area of land that includes the relevant land,
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(c) passes a resolution under section 171 of that Act revoking a planning scheme made under Part IX of that Act that relates to the relevant land or an area of land that includes the relevant land, or
(d) passes a resolution under section 171 of that Act amending a planning scheme made under Part IX of that Act and the amendment made relates to the relevant land or an area of land that includes the relevant land.
(3) The period referred to in subsection (1) is the period consisting of—
(a) the member’s term of office as such member that remains after the performance by the local authority of the function, and
(b) the period of 2 years after the expiry of that term of office.
CHAPTER 2
Obligation to furnish tax clearance certificate
Evidence of compliance with Taxation Acts by public officials16. (1) In this section “appointed official” means a Category A public official who is such an
official otherwise than by being elected (as that expression is to be construed by virtue of subsection (8)) as a member of—
(a) either House of the Oireachtas,
(b) a local authority, or
(c) the European Parliament for a constituency in the State,
and the reference in subsection (3) to the appointment of a Category A public official shall be construed accordingly.
(2) A person who is a category A public official on the commencement of this Act shall not more than 6 months after such commencement, and not later than 30 April in every year after the year in which this subsection has first to be complied with by him or her, furnish to the Commissioner—
(a) one of the following—
(i) a tax clearance certificate that is in force issued to the person,
(ii) an application statement that was furnished to the person under section 19 and was so furnished not more than 6 months after the date on which the application for the furnishing of such was submitted to the Collector-General (and the date on which that application shall be submitted shall not be a date falling more than 9 months before the date by which this subsection must be complied with), or
(iii) other than in the case of an appointed official, a statement by the person that the person is not in compliance with the obligations specified in section 19(1),
and
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(b) in a case in which a certificate specified in paragraph (a)(i) or a statement specified in paragraph (a)(ii) is furnished to the Commissioner, a declaration made by the person not more than one month before the date on which that certificate or statement is so furnished as to whether, at the time of the making of the declaration, the person is, to the best of his or her knowledge and belief, in compliance with the obligations specified in subsection (1) of section 19 and that nothing in subsection (2) of that section prevented the issue to him or her of a tax clearance certificate.
(3) A person who becomes a Category A public official after the commencement of this Act shall, not more than 6 months after the date on which he or she was elected (as that expression is to be construed by virtue of subsection (8)) as a member specified in subsection (1)(a), (b) or (c) or, as the case may be, was appointed, and not later than 30 April in every year after the year in which this subsection has first to be complied with by him or her, furnish to the Commissioner—
(a) one of the following—
(i) a tax clearance certificate that is in force issued to the person,
(ii) an application statement that was furnished to the person under section 19 and was so furnished not more than 6 months after the date on which the application for the furnishing of such was submitted to the Collector-General (and the date on which that application shall be submitted shall not be a date falling more than 9 months before the date by which this subsection must be complied with), or
(iii) other than in the case of an appointed official, a statement by the person that the person is not in compliance with the obligations specified in section 19(1),
and
(b) in a case in which a certificate specified in paragraph (a)(i) or a statement specified in paragraph (a)(ii) is furnished to the Commissioner, a declaration made by the person not more than one month before the date on which that certificate or statement is so furnished as to whether, at the time of the making of the declaration, the person is, to the best of his or her knowledge and belief, in compliance with the obligations specified in subsection (1) of section 19 and that nothing in subsection (2) of that section prevented the issue to him or her of a tax clearance certificate.
(4) The obligation under subsection (2) to do the things referred to in that subsection not later the 6 months after the commencement of this Act does not apply to a public official who has furnished a tax clearance certificate and a declaration under section 21 of the Standards in Public Office Act 2001 to the Standards in Public Office Commission in the 12 months preceding the commencement of this Act.
(5) However subsection (4) does not otherwise affect the application of subsection (2) to such an official and, in the case of such official, that subsection shall have effect as if “not later than 30 April in every year after the year in which this Act is commenced” were substituted for “not more than 6 months after such commencement, and not later
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than 30 April in every year after the year in which this subsection has first to be complied with by him or her,”.
(6) The furnishing by a person of an application statement under subsection (2)(a)(ii) or (3)(a)(ii) does not relieve the person of the obligation to subsequently furnish to the Commissioner a tax clearance certificate that is in force issued to the person and, accordingly—
(a) subsection (2) or (3), as the case may be, shall be construed, where an application statement is so furnished, as requiring a tax clearance certificate in respect of the person that is in force to be furnished to the Commissioner by the person as soon as may be, but not later than 3 months, after the issuance of the certificate, and
(b) as provided for in paragraph (b) of section 19(6), if a notification of a refusal of the Collector-General, as referred to in that paragraph, is given to the Commissioner, the person shall be deemed to have contravened subsection (2) or (3), as the case may be.
(7) If a statement specified in paragraph (a)(iii) of subsection (2) or paragraph (a)(iii) of subsection (3) is furnished to the Commissioner in accordance with subsection (2) or (3), the Commissioner shall publish the statement.
(8) For the purposes of this section, a person is elected as a member (specified in subsection (1)(a), (b) or (c), as appropriate)—
(a) when the appropriate returning officer at an election so declares,
(b) in case the person is deemed by law without any actual election to be elected as a member of Dáil Éireann for a constituency, when the election writ and return of the general election concerned is received by the Clerk from the returning officer for that constituency,
(c) when he or she is nominated by the Taoiseach as a member of Seanad Éireann,
(d) in the case of a person who by virtue of Part XIII of the Second Schedule to the European Parliament Elections Act 1997 is deemed to be elected as a member of the European Parliament for a constituency in the State, when the person is deemed to be so elected by that Part, or
(e) in the case of a person who has become a member of a local authority by virtue of his or her being co-opted, under section 19 of the Local Government Act 2001 to fill a casual vacancy, when the co-option under that section is completed.
Requirement for tax clearance certificate in relation to proposed judicial appointments and certain other appointments17. (1) The Board shall not recommend a person to the Minister under section 16 of the
Courts and Court Officers Act 1995, unless the person has furnished to the Board—
(a) a tax clearance certificate that was issued to the person not more than 18 months before the date of the recommendation, and
(b) a declaration made by the person not more than one month before that date to the effect that, at the time of the making of the declaration, the person is, to the best of his or her knowledge and belief, in compliance with the obligations specified
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in subsection (1) of section 19 and that nothing in subsection (2) of that section prevents the issue to him or her of a tax clearance certificate.
(2) The Government shall not advise the President to appoint to a judicial office a person who was not the holder of a judicial office on the date of the advice and who was not recommended to the Minister in relation to that appointment by the Board under section 16 of the Act referred to in subsection (1) unless the person has furnished to the Secretary General to the Government—
(a) a tax clearance certificate that was issued to the person not more than 18 months before the date of the advice, and
(b) a declaration made by the person not more than one month before that date to the effect specified in subsection (1)(b).
(3) In subsections (1) and (2)—
“Board” means the Judicial Appointments Advisory Board;
“judicial office’’ means the office of—
(a) judge of the Supreme Court,
(b) judge of the Court of Appeal,
(c) judge of the High Court,
(d) judge of the Circuit Court,
(e) specialist judge of the Circuit Court, or
(f) judge of the District Court;
“Minister” means the Minister for Justice and Equality.
(4) A Minister of the Government shall not appoint a person as a chairperson or as a member of a board (or equivalent governing body) of a public body unless the person has furnished to that Minister of the Government—
(a) a tax clearance certificate that was issued to the person not more than 18 months before the date on which there was made to that Minister of the Government a recommendation or a formal proposal that the person be so appointed, and
(b) a declaration made by the person not more than one month before that date to the effect that, at the time of the making of the declaration, the person is, to the best of his or her knowledge and belief, in compliance with the obligations specified in subsection (1) of section 19 and that nothing in subsection (2) of that section prevents the issue to him or her of a tax clearance certificate.
Evidence of subsequent compliance with section 1618. (1) If a person contravenes section 16, he or she shall as soon as may be furnish to the
Commissioner—
(a) if the contravention relates to paragraph (a) of subsection (2) or (3) of that section, a tax clearance certificate that was issued to the person not more than one month before being so furnished, and
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(b) if the contravention relates to paragraph (b) of subsection (2) or (3) of that section, a declaration made by the person not more than one month before being so furnished to the effect that, at the time of the making of the declaration, the person is, to the best of his or her knowledge and belief, in compliance with the obligations specified in subsection (1) of section 19 and that nothing in subsection (2) of that section prevents the issue to him or her of a tax clearance certificate.
(2) For the avoidance of doubt, the cases to which subsection (1) applies include a case in which the person concerned could have, but did not, furnish to the Commissioner in accordance with paragraph (a) of section 16(2) or (3) a statement specified in subparagraph (iii) of that paragraph.
Tax clearance certificates for purposes of section 16, 17 or 1819. (1) Subject to the provisions of this section, if a person who is in compliance with the
obligations imposed on the person by the Taxation Acts in relation to—
(a) the payment or remittance of any taxes, interest or penalties required to be paid or remitted under the Taxation Acts to the Revenue Commissioners, and
(b) the delivery of any returns required to be made under the Taxation Acts,
applies to the Collector-General in such form as may be determined by the Revenue Commissioners in that behalf for the purposes of section 16, 17 or 18, the Collector-General shall issue to the person a certificate (in this Act referred to as ‘‘a tax clearance certificate’’) stating that, at the time of the issue of the certificate, the person is in compliance with those obligations.
(2) A tax clearance certificate shall not be issued to a person unless—
(a) the person, and
(b) if the person is or was a member of a partnership, in respect of the period of the person’s membership, the partnership,
is in compliance with the obligations imposed on the person and the partnership by the Taxation Acts in relation to the matters specified in subsection (1)(a) and (b).
(3) Subsections (6) and (7) of section 1094 of the Taxes Consolidation Act 1997, shall, with any necessary modifications, apply to an application for a tax clearance certificate under this section as they apply to an application for a tax clearance certificate under that section.
(4) Where a person applies, pursuant to subsection (1) (other than a person so applying for the purposes of section 18), for the issue of a tax clearance certificate and, either—
(a) the Collector-General has not decided whether to issue or to refuse to issue such a certificate, or
(b) the Collector-General has refused to issue such a certificate and the refusal is the subject of an appeal or further appeal under section 1094 (7) of the Taxes Consolidation Act 1997 (as applied by subsection (3)), that has not been determined,
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the Collector-General shall, on application to him or her in that behalf by the person, furnish to the person a statement in writing (in this Act referred to as ‘‘an application statement’’) to the effect that the person has applied to him or her for the issue of a tax clearance certificate and that a decision on the application has not been made.
(5) Where the Collector-General—
(a) furnishes an application statement to a person under this section, and
(b) having considered the application referred to in that statement, refuses to issue a tax clearance certificate to the person and notifies the person in writing of the refusal, and
(i) the time for bringing an appeal or further appeal against the refusal has expired,
(ii) any such appeal or further appeal has been withdrawn, or
(iii) on any such appeal or further appeal, the refusal has been upheld,
the Collector-General shall notify the Commissioner in writing of the refusal and the Commissioner shall draw up and publish a report in writing in relation to the matter.
(6) Where the Collector-General issues an application statement to a person, the person shall be deemed not to contravene section 16, at any time—
(a) after the expiration of the period specified in that section for the furnishing to the Commissioner by the person of a tax clearance certificate, and
(b) before the issue to the person by the Collector-General of a tax clearance certificate for the purposes of that section or the notification of the person by the Collector-General of his or her refusal to do so, but if such a notification is given to the Commissioner, the person shall thereafter be deemed to contravene that section.
CHAPTER 3
Disclosure of Interests
Certain declarable or private declarable interests reckonable by reference to annual monetary amounts - operation of section 21 in that context20. (1) In this section—
(a) “relevant subsection of section 7” means a subsection of that section that requires the monetary amount, in a year, of a particular matter to be computed for the purpose of determining whether the interest referred to in that subsection is a declarable interest;
(b) a reference, other than in subsection (4), to a relevant computation is a reference to the computation of the foregoing monetary amount; and
(c) subject to subsection (7), “declaration period” includes, in the case of section 21(4), the period referred to in section 21(5)(a)(ii).
(2) In determining, for the purposes of section 21, whether an interest referred to in a relevant subsection of section 7 is a declarable interest at any time during a
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declaration period, the year in which that declaration period falls shall be the year by reference to which the relevant computation is made.
(3) Accordingly, an interest that may not be a declarable interest at any time during the first of the declaration periods or, as the circumstances may be, the second of the declaration periods in a year may, on a relevant computation being made in respect of the second or the third declaration periods in that year, be a declarable interest at a time during that second or, as the case may be, third declaration period.
(4) In determining, for the purposes of section 21, whether an interest referred to in a relevant paragraph of section 8 is a private declarable interest at any time during a declaration period, the year in which that declaration period falls shall be the year by reference to which the relevant computation is made.
(5) Accordingly the position as stated in subsection (3), reading, for this purpose, each of the references there to a declarable interest as a reference to a private declarable interest and the reference there to relevant computation in accordance with subsection (6), applies in the case of an interest mentioned in subsection (4) as it applies in the case of an interest mentioned in subsection (2).
(6) In subsection (4)—
(a) “relevant paragraph of section 8 means a paragraph of that section that requires the monetary amount, in a year, of a particular matter to be computed for the purpose of determining whether the interest referred to in that paragraph is a private declarable interest; and
(b) a reference to a relevant computation is a reference to the computation of the foregoing monetary amount.
(7) For the purposes of the application of the provisions of this section to section 21(4), (5) and (6) in a case in which the declaration period referred to in section 21(5)(a)(i) is the declaration period comprising the 4 months ending with the last day of December in a year—
(a) the period referred to in section 21(5)(a)(ii) shall, even though it is not of 4 months duration, be deemed to be a declaration period (separate from the first-mentioned declaration period) and, accordingly, subsection (1)(c) of this section shall not apply to the first-mentioned declaration period, and
(b) for the avoidance of doubt, the period of the year in which that deemed declaration period falls shall not be treated as a continuation of the year in which the first-mentioned declaration period falls.
Obligation to provide declaration of interests (Category A and B public officials)21. (1) Subject to the provisions of this section and section 23, a person (the “person
concerned”) who is, during a declaration period, a Category A public official or Category B public official, shall, not later than the declaration date next following that declaration period, prepare and furnish to—
(a) in the case of a Category A public official, the Commissioner, and
(b) in the case of a Category B public official, the relevant person specified in Schedule 2,
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the statement referred to in subsection (3).
(2) Subsection (1) does not apply if the person concerned is no longer a Category A public official or Category B public official on the declaration date referred to in that subsection.
(3) The statement referred to in subsection (1) is a statement in writing of—
(a) the declarable interests of the person concerned, at any time, during the declaration period referred to in that subsection, and
(b) particulars of any disclosure made by the person under section 12 or 13, at any time, during that declaration period.
(4) Subject to section 23, a person (the “person concerned”) who on a particular declaration date is no longer a Category A public official or Category B public official but was such at any time during the declaration period that last ended before the particular declaration date fell, shall, not later than the declaration date next following the particular declaration date, prepare and furnish the following statement to—
(a) in the case of a Category A public official, the Commissioner, and
(b) in the case of a Category B public official, the relevant person specified in Schedule 2.
(5) The statement referred to in subsection (4) is a statement in writing of—
(a) the declarable interests of the person concerned, at any time, during the period that comprises—
(i) the declaration period that last ended before the first-mentioned declaration date in that subsection, and
(ii) the period from the end of that declaration period to the date on which the person concerned ceased to be a Category A public official or Category B public official, and
(b) particulars of any disclosure made by the person under section 12 or 13, at any time, during the period that comprises the periods specified in paragraph (a)(i) and (ii).
(6) There shall accompany a statement furnished pursuant to subsection (1) or (4) but only if the maker of the statement is or was, as the case may be, a Category A public official at the time referred to in subsection (1) or (4) a statement of the person’s private declarable interests, at any time, during the relevant declaration period or, in the case of a statement furnished pursuant to subsection (4), the period that comprises the periods specified in subsection (5)(a)(i) and (ii).
Declaration of certain interests (Category C public officials)22. (1) In respect of each year, a Category C public official shall furnish a statement in
writing to the relevant person specified in Schedule 2 of his or her declarable interests (being declarable interests falling within paragraph (a) or (b) of section 7(6) or (8)), at any time, during the year.
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(2) Such a statement shall be so furnished not later than 21 January in the year following the year to which the statement relates.
Exception to section 21 and supplemental provisions in relation to that section and section 2223. (1) Notwithstanding anything in section 21, a person shall not be required to comply with
subsection (1) or (4), as the case may be, of that section in respect of a declaration period next mentioned in this subsection as a “subsequent declaration period”, if the following conditions are satisfied—
(a) there has not been any significant or material change in the declarable interests of a person in a declaration period (a “subsequent declaration period”) from how his or her declarable interests stood in the immediately preceding declaration period, and
(b) the person has not made a disclosure under section 12 or 13 during the subsequent declaration period.
(2) In subsection (1) “declaration period” includes, where the context admits, in the case of section 21(4), the period referred to in section 21(5)(a)(ii).
(3) Where a gift is declared in a statement furnished pursuant to section 21 or 22, there shall be included in the statement particulars of the giver (including the name and address if known of the giver) of the gift.
(4) In relation to statements under section 21 or 22—
(a) the format and means whereby such statements are to be furnished shall be determined by the Commissioner and shall be such as to ensure to public officials the maximum convenience in complying with the provisions of either section; and
(b) no format or means, other than a format and means so determined by the Commissioner, shall be used to furnish statements under either section.
(5) The Commissioner or, as the case may be, the relevant person specified in Schedule 2 may request the person who has furnished a statement to him or her pursuant to section 21 or 22 to provide him or her with information in relation to the statement or any matter arising in connection with it.
(6) The Commissioner shall publish the following, including by means of entering them on any website maintained by the Commissioner, within one month after its receipt by the Commissioner:
(a) a statement of declarable interests furnished by a Category A public official or a former such official pursuant to section 21,
(b) particulars of any disclosure made pursuant to section 12 or 13 by a public official.
(7) A statement of private declarable interests furnished pursuant to section 21 shall not be published.
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(8) The Commissioner and the public body concerned shall take all reasonable steps to ensure the preservation of the confidentiality of any statement referred to in subsection (7).
(9) It shall be the duty of every person who is required to furnish a statement pursuant to section 21 or 22 to maintain such records as are necessary for the purpose of furnishing that statement.
(10) Where the Commissioner is of the opinion that a public official has failed to—
(a) furnish to the Commissioner or, as the case may be, the relevant person specified in Schedule 2 a statement required to be furnished by section 21 or 22, or
(b) declare certain interests correctly or at all in such a statement furnished to the Commissioner or that relevant person,
the Commissioner may issue a notice to the public official to the effect that the Commissioner is of that opinion and requiring the public official to remedy the matter.
Retention of statements and matters concerning legal or medical services24. (1) A statement in writing furnished pursuant to section 21 or 22 to a relevant person
specified in Schedule 2 or a disclosure in writing made pursuant to section 12 or 13 to a relevant person specified in Schedule 1 shall be retained by the relevant person for a period of 15 years from the date on which it was so furnished or made and, whenever so requested by the Commissioner during that period, it or a copy of it shall be furnished to the Commissioner.
(2) Notwithstanding anything in this Act—
(a) a statement furnished by a person pursuant to section 21 or 22, or
(b) a disclosure made by a person pursuant to section 12 or 13,
and relating to legal services or medical services (including psychiatric or psychological services) shall specify only that legal services or medical services, as the case may be, were supplied to the person or to another person (who shall not be identified in the statement or disclosure) as respects whom the first-mentioned person is required by the relevant section to furnish a statement or make a disclosure; and the form of the statement determined under this Act shall be such as to facilitate compliance with the foregoing provision.
Laying of documents in relation to special advisers25. (1) A Minister of the Government shall, in respect of a person who acts or acted as
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 statement as to whether the person is a relative of the office holder, and
(c) if the person is such a relative, a statement of the qualifications of the person relevant to his or her functions as a special adviser.
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(2) Subsection (1) shall also apply in the case of a person who acts or acted as special adviser to a Minister of State and, in such a case, that subsection shall have effect as if “Minister of State” were substituted for “Minister of the Government”.
PART 3
PUBLIC SECTOR STANDARDS COMMISSIONER
Establishment and functions of the Commissioner26. (1) There is established, by virtue of this section, the Office of the Public Sector
Standards Commissioner and the holder of that office shall be known as the Public Sector Standards Commissioner (referred to in this Act as “the Commissioner”) who shall perform the functions conferred on him or her by this Act.
(2) The Commissioner shall be independent in the performance of his or her functions.
(3) The appointment of the Commissioner shall be made by the President on the advice of the Government following a resolution passed by Dáil Éireann and by Seanad Éireann recommending the appointment of the person.
(4) The Office of the Public Sector Standards Commissioner shall be a corporation sole with perpetual succession and an official seal and—
(a) may sue and be sued, and
(b) may, with the consent of the Minister and the Minister for Finance, acquire, hold and dispose of land or an interest in land, and acquire, hold and dispose of any other property.
(5) A person appointed to be the Commissioner—
(a) may at his or her own request be relieved of office by the President, and
(b) may be removed from office by the President but shall not be removed from office except for stated misbehaviour, incapacity or bankruptcy and then only following resolutions passed by each House calling for his or her removal.
(6) Subject to the provisions of this section, a person appointed to be the Commissioner shall hold office for a term of 6 years and may be re-appointed to that office for a second or subsequent term.
(7) The Commissioner shall be paid such remuneration (if any) as may be determined by the Minister.
(8) Such functions of the Commissioner as may be specified by him or her, may be performed, under the supervision and subject to the general direction of the Commissioner, by such members of the staff of the Office of the Commissioner as he or she duly authorises.
(9) Subject to the provisions of this Act, the Commissioner shall determine the procedure and business of the Office of the Public Sector Standards Commissioner.
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(10) The Minister shall make available to the Commissioner such reasonable facilities and services (including clerical, secretarial and executive services) as the Minister, after consultation with the Commissioner, may determine.
(11) Subject to such conditions as the Minister may determine, there shall be paid to the Commissioner out of moneys provided by the Oireachtas such amounts as the Minister may, after consultation with the Commissioner, determine in respect of the reasonable expenses of the Commissioner.
(12) In addition to the functions conferred on the Commissioner by this Act, the Commissioner shall have the functions conferred on the Standards in Public Office Commission by the Act of 1997.
Dissolution of Commission27. (1) The Standards in Public Office Commission shall stand dissolved on the
establishment of the Office of Commissioner.
(2) The chairman and members of the Standards in Public Office Commission shall cease to hold office on such dissolution.
Deputy Public Sector Standards Commissioner28. (1) The Minister shall, after consultation with the Commissioner, assign to one member
of the staff in the Office of the Commissioner the title, “Deputy Public Sector Standards Commissioner”, and, as respects the member to whom the Minister assigns that title—
(a) the member is referred to subsequently in this Act as the “Deputy Commissioner”, and
(b) the member shall, without prejudice to any other functions he or she may have as a member of that staff, have the functions expressed by Part 4 to be performable by the Deputy Commissioner.
(2) The Deputy Commissioner shall be independent in the performance of the functions expressed to be performable as mentioned in subsection (1)(b).
Advice29. (1) Any person to whom this Act applies may request the Commissioner for advice in
relation to steps that could be taken by the person to comply with the provisions of this Act other than in relation to section 10.
(2) When a request is made under subsection (1) in relation to a particular case, the provision concerned of this Act 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 Commissioner in relation to the case or he or she declines to give such advice.
(3) Without prejudice to subsection (1), where the Commissioner considers it appropriate to do so, he or she may issue confidential advice and guidance to any person or category of person to whom this Act applies in relation to the person’s obligations
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under this Act, including confidential advice and guidance on the steps necessary to secure compliance by the person with the requirements of this Act.
(4) In any proceedings for, or any investigation of, an alleged contravention of this Act, regard shall be given to compliance with advice or guidance given or issued under this section, but, in the case of proceedings for an offence under this Act, such regard shall only be had in relation to the matter of the sentence, if any, to be imposed.
(5) Subsection (4) applies, in the case of advice or guidance issued under subsection (3), notwithstanding the confidential nature of it under subsection (3).
Code of conduct30. (1) Having regard to the provisions of section 10 and the principles it contains, the
Commissioner shall—
(a) draw up and issue a model code of conduct for the guidance of public officials with regard to compliance with the provisions of this Act, and
(b) promote, through training, education and research, and guidelines issued for the purpose by the Commissioner, the highest standards of conduct and integrity among public officials, and, in particular, regarding the prevention of situations in which conflicts of interest could arise in relation to their duties.
(2) Each public body may draw up and issue one, or more than one, code of conduct in respect of its public officials that is in conformity with the model code of conduct under subsection (1) and that deals with particular aspects of the operation of this Act as they are likely to arise in practice and be of relevance to the work of the public body or with any other matter arising out of this Act connected with the public body.
(3) The Commissioner may review a code of conduct issued under subsection (2), and—
(a) if, in the opinion of the Commissioner, it is not in conformity with the model code of conduct under subsection (1), give a direction to the public body concerned requiring the public body to amend the code in such respects as the Commissioner specifies and the public body shall comply with that direction, or
(b) make recommendations to the public body concerned as to how the code could be amended, and the public body shall consider any such recommendation.
(4) Each person to whom a relevant code of conduct under this section or a provision of it applies shall have regard to and be guided by the code of conduct or the provision of it in the performance of his or her functions.
(5) There shall be deemed to be included in the terms and conditions of employment, contract or other engagement of a public official an undertaking by him or her to have regard to and be guided by the relevant code of conduct under this section or a provision of it that applies to the public official in the performance of his or her functions.
(6) In subsections (4) and (5) “relevant code of conduct” means—
(a) unless a code of conduct has been issued by the public official’s employer under subsection (2), the model code of conduct issued under subsection (1), or
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(b) if such a code of conduct has been issued under subsection (2), that code of conduct (or, if more than one such code has been issued under that subsection, whichever of them is applicable to the public official concerned),
but this is subject to subsection (7).
(7) Notwithstanding subsection (6), where a direction under subsection (3) has been given to the public official’s employer, then, if and so long as that direction has, to the knowledge of the public official, not been complied with by the employer, “relevant code of conduct” in subsections (4) and (5) means the model code of conduct issued under subsection (1).
(8) A code of conduct under this section may be amended or revoked by, in the case of such a code under subsection (1), the Commissioner and, in the case of such a code under subsection (2), the public body that issued it (and where such a code is revoked, the Commissioner or the public body, as the case may be, may draw up and issue a replacement code under the relevant subsection).
(9) A court may have regard to a code of conduct issued under this section in any proceedings including proceedings for an offence under this Act, but, in the case of the latter proceedings, such regard may only be had in relation to the matter of the sentence, if any, to be imposed.
Annual and special reports by Commissioner31. (1) The Commissioner—
(a) shall, in each year, prepare a report on his or her activities in the previous year, and
(b) may prepare such other reports for the Minister—
(i) as the Minister requests, within such time as may be specified by the Minister, or
(ii) as, on the Commissioner’s own initiative, from time to time as the Commissioner considers appropriate.
(2) The Commissioner shall furnish to the Minister a report prepared under subsection (1)(a) and the Minister shall cause copies of the report to be laid before each House.
PART 4
CONTRAVENTIONS OF THE ACT
CHAPTER 1
Offences
Offences32. (1) A person is guilty of an offence if he or she does any of the following (whether the
person does the thing intentionally or, save in the case of paragraph (f), does it recklessly), namely—
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(a) retains for more than 14 days a gift the acceptance of which is prohibited by section 11(3);
(b) fails to remit a gift or the value thereof to the State or a public body if required to do so in accordance with section 11(3);
(c) seeks or exacts from any person, any benefit, remuneration, fee, reward or other favour for anything done or not done by virtue of his or her employment, engagement or office, contrary to section 11(1);
(d) contravenes section 11(5);
(e) contravenes section 15;
(f) performs a function in contravention of section 12 or 13 and the circumstances (in which that contravention occurs) are circumstances in which the person has actual knowledge that the performance of that function will give rise to a benefit to the person or a connected person.
(2) Subject to subsection (3), a person is guilty of an offence if he or she, intentionally or recklessly—
(a) fails to comply with section 16(2) or (3); or
(b) furnishes a declaration under section 16(2) or (3) to the Commissioner that is false or misleading.
(3) In proceedings for an offence under subsection (2)(a), it shall be a defence for the defendant to prove that, within 3 months after the latest date by which section 16(2) or (3), as appropriate, fell to be complied with by him or her, he or she delivered to the Commissioner a tax clearance certificate that is in force issued to the person.
(4) A person is guilty of an offence if he or she intentionally or recklessly fails to furnish to the Commissioner or, as the case may be, the relevant person specified in Schedule 2, within the specified period, a statement required to be furnished by him or her under section 21 or 22.
(5) In subsection (4) “specified period” means the period of 21 days after the receipt by the person of a notice issued to him or her under subsection (10) of section 23 (being a notice that states that the Commissioner is of the opinion specified in paragraph (a) of that subsection (10)) and requiring the person to remedy the failure referred to in that subsection (10).
(6) In proceedings for an offence under subsection (4), being proceedings in respect of an alleged failure to furnish to the Commissioner or, as the case may be, the relevant person specified in Schedule 2 a statement required to be furnished under section 21, it shall be presumed, until the contrary is shown, that a change, as is referred to in section 23(1)(a), occurred in the declarable interests of the defendant in the declaration period to which the foregoing failure to furnish a statement relates.
(7) A person is guilty of an offence if he or she furnishes to the Commissioner or, as the case may be, the relevant person specified in Schedule 2 a statement under section 21 or 22 which he or she knows or believes to be false or misleading or incomplete.
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(8) A person is guilty of an offence if he or she intentionally or recklessly discloses, without reasonable excuse, a private declarable interest contained in a statement furnished by another person under section 21, save as permitted by section 46(2).
(9) A person is guilty of an offence if he or she intentionally or recklessly:
(a) contravenes any of paragraphs (a) to (d) of section 38(7),
(b) by act or omission obstructs or hinders the Commissioner, the Deputy Commissioner, an authorised official, an investigation officer or a person who is a member of the staff of the Commissioner or is carrying out an examination pursuant to this Part, in the performance of his or her functions under Chapter 2, 3 or 4,
(c) fails to preserve a document or information, contrary to section 45,
(d) discloses information obtained by him or her in the exercise of powers conferred by this Act or by being present at a sitting of the Commissioner, the Deputy Commissioner, an authorised official or an investigation officer held in private, contrary to section 46,
(e) obstructs the exercise of a right of entry and search conferred by virtue of a warrant issued under section 38(5),
(f) obstructs the exercise of a right conferred by section 38 to seize and remove any document or thing, or
(g) fails to comply with a requirement under section 40.
(10) If a person gives false evidence before the Commissioner 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 is guilty of that offence.
(11) 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, is guilty of an offence and is liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.
(12) A reference in this section to the doing of a thing includes a reference to the making of an omission.
CHAPTER 2
Complaints
Complaints to Commissioner33. (1) A person (the “complainant”) who considers that another person (the “respondent”)
has contravened a provision of this Act may make a complaint in writing in relation to the matter to the Commissioner.
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(2) On receipt of a complaint (not being a complaint referred to in subsection (3)), and having made such initial inquiries, if any, as he or she considers appropriate, the Commissioner shall—
(a) if the complaint appears to be one that should be dismissed by virtue of section 34, dismiss the complaint;
(b) if the matter to which the complaint relates appears to be one that can properly be dealt with by issuing advice to the respondent, deal with it by issuing advice to the respondent;
(c) if the matter to which the complaint relates appears to be one that would be more appropriately dealt with by the relevant public body, refer it to that public body; or
(d) unless the doing of the following, before proceeding to take other action under this Act, is, in the Commissioner’s opinion, unnecessary, cause a preliminary inquiry to be carried out in relation to the complaint.
(3) On receipt of a complaint that alleges the respondent contravened section 10, and having made such initial inquiries, if any, as the Commissioner considers appropriate, the Commissioner shall either—
(a) deal with the complaint by issuing advice to the respondent; or
(b) dismiss the complaint.
Dismissal of complaint34. On receipt of a complaint (other than a complaint referred to in section 33(3)) and—
(a) having made such initial inquiries, if any, as he or she considers appropriate, or
(b) where section 35(6)(a) applies,
the complaint shall be dismissed by the Commissioner if the Commissioner is of the opinion that:
(i) it is frivolous, vexatious or repetitious of a complaint already received;
(ii) the matter relates to Government or a Ministerial policy more appropriately dealt with in the context of the responsibility of the Government to Dáil Éireann;
(iii) it relates in substance to a period when the respondent was not a public official or was not subject to this Act;
(iv) the identity of the person making the complaint is not disclosed; or
(v) it relates to a private matter and is unrelated to the functions of the respondent.
Preliminary inquiry35. (1) Without prejudice to subsection (9), the Commissioner may request a member of staff
of the Office of the Commissioner (in this Act referred to as an “authorised official”) to carry out a preliminary inquiry into a written matter that has been received by the Commissioner and stated to be a complaint as to whether:
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(a) the matter falls within section 33, and
(b) it is of sufficient gravity to warrant investigation under Chapter 3.
(2) For the purposes of a preliminary inquiry under subsection (1), an authorised official may:
(a) interview persons for the purpose of assessing the relevance or evidential value of information or documents they may wish to provide,
(b) interview persons as to the evidence they may propose to give,
(c) record, in writing or otherwise, statements given and answers made by persons while being interviewed,
(d) request persons to provide written statements concerning any matter relevant for the purposes of the inquiry and examine statements provided in response to the requests.
(3) A person being interviewed pursuant to subsection (2) may decline to answer any question asked, or refuse a request to produce a document made, by the authorised official concerned and may terminate the interview at any time.
(4) An authorised official under this section may not administer oaths, but, if authorised by the Commissioner to do so, may request a person interviewed pursuant to subsection (2) by him or her to sign a record of a statement made or answer given by that person during the interview.
(5) Following the completion of a preliminary inquiry under subsection (1), the authorised official shall prepare a report of the inquiry, outlining his or her opinion in relation to the complaint concerned and the reasons for that opinion and shall furnish the report to the Commissioner, the complainant (if any) and the respondent.
(6) Where following receipt of the report under subsection (5), the Commissioner is of the opinion that—
(a) the complaint concerned ought to be dismissed under section 34, the complaint shall be dismissed by him or her under that section, or
(b) the subject matter of the complaint concerned is not of sufficient gravity to warrant investigation, or otherwise constitutes a minor contravention of this Act, the Commissioner may—
(i) provide such confidential advice or general guidance (if any) as he or she considers appropriate to the respondent, or
(ii) refer the complaint to the public official’s employer, or, if the complaint concerns a special adviser, to the Minister of the Government concerned, for the purpose of having any issues raised by the complaint considered by that employer or Minister of the Government.
(7) Such a referral as mentioned in subsection (6)(b)(ii) shall constitute a final disposal of the complaint concerned for the purposes of this Part.
(8) Where a complaint is not dismissed or dealt with by way of advice or otherwise as mentioned in subsection (6), the Commissioner shall either—
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(a) if the contravention to which the complaint relates constitutes an offence under this Act and the evidence and other circumstances in respect of the complaint are such as, in the Commissioner’s opinion, make it appropriate that he or she proceed in accordance with Part 5 in relation to the matter, without referring it for investigation under Chapter 3, proceed in accordance with that Part accordingly, or
(b) proceed as mentioned in section 36(1).
(9) In addition to what is provided in subsection (1), the Commissioner may request a member of staff of the Office of the Commissioner (in this Act also referred to as an “authorised official”) to carry out a preliminary inquiry into a matter specified by the Commissioner for the purpose of the Commissioner’s deciding whether to exercise the power under section 36(2)(a) or (b) in relation to the matter or otherwise take action under this Act in relation to it.
(10) If such a request is made by the Commissioner, subsections (2) to (5) shall apply to such an inquiry—
(a) with the substitution for references to a preliminary inquiry under subsection (1) of references to a preliminary inquiry under subsection (9), and
(b) in the case of subsection (5), in addition to the foregoing, with the following modifications—
(i) the substitution for the reference to the complaint concerned of a reference to the matter specified by the Commissioner under subsection (9), and
(ii) the reference to the complainant and the respondent shall be disregarded.
CHAPTER 3
Investigations by Deputy Commissioner
Referral of matters to Deputy Commissioner36. (1) The Commissioner shall refer a matter to the Deputy Commissioner for investigation
under this Chapter where there has been a complaint made alleging that a contravention of this Act has occurred, being a complaint that has not been dismissed under section 34 or otherwise dealt with in any manner mentioned in a preceding provision of this Part.
(2) In addition to what is provided in subsection (1), the Commissioner—
(a) where he or she is of the opinion that there may have been a contravention of this Act (a “suspected contravention”), and the matter concerned is one in respect of which no complaint has been made to the Commissioner, may refer the matter to the Deputy Commissioner for investigation under this Chapter, or
(b) may refer a matter to the Deputy Commissioner for investigation under this Chapter if, in the Commissioner’s opinion, it is in the public interest to have the matter so investigated in order to ensure that the provisions of this Act, or specific provisions of it, are complied with, and to identify any contravention of the provisions concerned that may have occurred and the person who committed the act or default concerned.
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(3) A reference in this section to a contravention of this Act does not include a reference to a contravention of section 10.
Investigations37. (1) The Deputy Commissioner shall appoint one or more suitable persons (each of whom
is referred to in this Act to as an “investigation officer”) to perform the functions expressed by this Chapter to be performable by such an officer; one or more members of staff of the Office of the Commissioner may be the subject of such an appointment.
(2) An investigation officer—
(a) shall be appointed for such period as the Deputy Commissioner may determine,
(b) shall be paid such fees and expenses as the Deputy Commissioner may, with the consent of the Minister, from time to time determine,
(c) may resign at any time,
(d) shall hold office on such other terms and conditions as the Deputy Commissioner may from time to time determine including such terms and conditions as are likely, in the opinion of the Deputy Commissioner, to secure the officer’s independence and impartiality,
(e) may at any time be removed from the position as an investigation officer by the Deputy Commissioner for stated reasons.
(3) An investigation officer shall be independent in the performance of his or her functions.
(4) The Deputy Commissioner may make rules prescribing the procedure to be followed in the conduct of investigations.
(5) The Deputy Commissioner shall furnish an investigation officer with an authorisation and, when performing functions under this Chapter, the officer shall, if requested to do so by any person affected by their performance, produce to the person the authorisation or a copy of it together with a form of personal identification.
(6) On a matter being referred to him or her under section 36 for investigation, the Deputy Commissioner shall conduct an investigation accordingly and nominate one or more investigation officers to perform, in relation to the investigation, the functions expressed by this Chapter to be performable by such an officer.
(7) If during an investigation conducted under this Chapter, the one or more officers nominated under subsection (6) believe that—
(a) the matter being investigated:
(i) is frivolous, vexatious, or repetitious of a matter already investigated;
(ii) relates to Government or a Ministerial policy more appropriately dealt with in the context of the responsibility of the Government to Dáil Éireann; or
(iii) relates in substance to a period when the respondent was not a public official or was not subject to this Act;
or
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(b) evidence sufficient to sustain the complaint or to warrant the investigation is not and may not be available,
they shall notify the Deputy Commissioner who, having considered the matter, may prepare and furnish to the Commissioner a report recommending that the investigation be discontinued.
(8) Having considered a report furnished pursuant to subsection (7), the Commissioner may discontinue the investigation concerned.
(9) Where an investigation is discontinued under subsection (8), the Commissioner shall prepare and furnish to—
(a) the person who made the complaint concerned, if any, and
(b) the person to whom the complaint or investigation related,
a statement in writing of the reasons for the decision.
(10) Section 48 shall apply with any necessary modifications in relation to a case in which an investigation is discontinued under subsection (8).
Powers of Deputy Commissioner38. (1) The Deputy Commissioner may, subject to this Act, conduct an investigation under
this Chapter in the manner he or she considers appropriate in the circumstances of the case.
(2) The Deputy Commissioner may—
(a) direct in writing the person, the subject of the investigation concerned, or any other person whose evidence is required, to attend before an investigation officer on a date and at a time and place specified in the direction and there to give evidence to the officer, and to produce any document or thing in his or her possession or power specified in the direction to the officer,
(b) direct any person (whether a person referred to in paragraph (a) or not) in attendance before an investigation officer to produce to the officer any document or thing in his or her possession or power specified in the direction,
(c) direct in writing any person (whether a person referred to in paragraph (a) or not) to send to an investigation officer any document or thing in his or her possession or power specified in the direction, and
(d) give any other directions for the purpose of the proceedings concerned that appear to him or her to be reasonable and just.
(3) Subject to subsection (4), an investigation officer may at all reasonable times enter and search any premises in or at which the officer has reasonable grounds for believing there may be found any document or thing relevant to an investigation being conducted under this Chapter and may seize and remove any document or thing so relevant that he or she finds in or at the premises.
(4) An investigation officer shall not enter a dwelling when performing functions under this Chapter otherwise than—
(a) with the consent of the occupier, or
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(b) pursuant to a warrant under subsection (5).
(5) If a judge of the District Court is satisfied on the sworn information of an investigation officer that there are reasonable grounds for believing that there is in, on or at any premises any document or other information in any form which the investigation officer may reasonably require for the purposes of an investigation under this Chapter, the judge may issue a warrant authorising a named investigation officer at any time or times within one month from the date of issue of the warrant, on production (if so requested) of the warrant, to enter and search the premises using reasonable force where necessary, and exercise all or any of the powers conferred on an investigation officer.
(6) A warrant under subsection (5) may permit the person authorised by it to be accompanied by such members of the Garda Síochána or other persons as that person considers necessary.
(7) A person—
(a) who has been directed under subsection (2) to attend before an investigation officer and, in the case of a person secondly mentioned in paragraph (a) of that subsection, has 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 shall not disobey the direction,
(b) being in attendance before an investigation officer pursuant to a direction under subsection (2), shall not refuse to take the oath on being required to do so or shall not refuse to answer any question to which the investigation officer may legally require an answer or to produce any document or thing in his or her possession or power legally required to be produced by the person,
(c) shall not fail or refuse to send any document or thing legally required under paragraph (c) of subsection (2) to be sent to an investigation officer by the person or without just cause or excuse disobey a direction under paragraph (d) of subsection (2), or
(d) shall not do any other thing in relation to the investigation under this Chapter which, if done in relation to proceedings before a court by a witness in the court, would be contempt of that court.
(8) In this section “premises” includes vessel, aircraft, vehicle and any other means of transport, as well as land and any other fixed or moveable structure.
(9) The provisions of this section shall not apply to a record relating to:
(a) any of the private papers (within the meaning of Article 15.10 of the Constitution) of a member of either House of the Oireachtas or an official document of either or both of such Houses that is required by the rules or standing orders of either or both of such Houses to be treated as confidential; or
(b) subject to sections 105(1)(b) and 114(1)(b) of the Houses of the Oireachtas (Inquiries, Privileges and Procedures) Act 2013, a record relating to any private paper or confidential communication, within the meaning of Part 10 of that Act, or official document, within the meaning of Part 11 of that Act.
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Report of Deputy Commissioner on foot of investigation39. (1) Following the completion of an investigation under this Chapter, the Deputy
Commissioner shall—
(a) consider the evidence (including documents or other things) obtained during the investigation and make such assessments of it as are required for the purpose of making a recommendation subsequently mentioned in this section, and
(b) prepare a report in relation to the investigation and furnish it to the Commissioner.
(2) A report under subsection (1) shall—
(a) in the case of a matter referred under subsection (1) or (2)(a) of section 36, contain a recommendation of the Deputy Commissioner that, as the Deputy Commissioner considers appropriate, the Commissioner finds that there has occurred, or that there has not occurred, the contravention referred to in that subsection (1) or (2)(a),
(b) in the case of a matter referred under subsection (2)(b) of section 36, contain a recommendation of the Deputy Commissioner that, as the Deputy Commissioner considers appropriate, the Commissioner finds that there has occurred, or that there has not occurred, a contravention referred to in that subsection (2)(b) and, if the recommendation is that the Commissioner should find that such a contravention has occurred, a recommendation that a person named in the recommendation be the person found by the Commissioner to have committed the act or default concerned,
(c) include particulars of the evidence on which a recommendation referred to in paragraph (a) or (b) is based, together with a record of any evidence taken under section 38 by an investigation officer and a copy of any relevant document obtained by an investigation officer in the course of the investigation,
(d) in the case of a recommendation referred to in paragraph (a) or (b) that a finding by the Commissioner that a contravention has occurred be made, include a statement in relation to such of the circumstances surrounding the contravention, the subject of the recommendation, as the Deputy Commissioner considers to be relevant to the exercise of the powers (should those powers become exercisable) of the Commissioner under section 47(5) or 55(2).
(3) Having considered a report under subsection (1) furnished to him or her—
(a) if the Commissioner decides to accept a recommendation contained in the report that is mentioned in subsection (2)(a) (whether the recommendation be that the occurrence of a contravention be found, or not be found), the Commissioner shall proceed as mentioned in Chapter 6,
(b) if the Commissioner decides not to accept a recommendation contained in the report that is mentioned in subsection (2)(a) (of either of the foregoing kind), the Commissioner shall either refer the matter back to the Deputy Commissioner for further investigation or decide to proceed as mentioned in Chapter 4,
(c) if the Commissioner decides to accept—
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(i) a recommendation contained in the report that is a recommendation first mentioned in subsection (2)(b) (whether the recommendation be that the occurrence of a contravention be found, or not be found), and
(ii) if a foregoing recommendation is that the Commissioner find that a contravention has occurred, the recommendation lastly mentioned in subsection (2)(b),
the Commissioner shall proceed as mentioned in Chapter 6,
(d) if the Commissioner decides to accept neither of the recommendations referred to in paragraph (c)(i) and (ii), the Commissioner shall either refer the matter back to the Deputy Commissioner for further investigation or decide to proceed as mentioned in Chapter 4, or
(e) if the Commissioner decides to accept the recommendation referred to in paragraph (c)(i) but not to accept the recommendation referred to in paragraph (c)(ii), the Commissioner, unless he or she is of the opinion that the public interest would not be served by taking further steps to establish the identity of the person who committed the act or default concerned, shall either refer the matter back to the Deputy Commissioner for further investigation or decide to proceed as mentioned in Chapter 4.
(4) Where, under subsection (3), a matter is referred back to the Deputy Commissioner for further investigation, the preceding sections of this Chapter, and the preceding provisions of this section, shall, with any necessary modifications, apply in relation to the further investigation conducted by the Deputy Commissioner as they apply in relation to an investigation generally under this Chapter.
CHAPTER 4
Oral Hearing by Commissioner
Oral hearing by Commissioner40. (1) If—
(a) in relation to the recommendation or recommendations contained in a report under section 39(1), the decision of the Commissioner is as mentioned in section 39(3)(b), (d) or (e), and
(b) the Commissioner does not refer the matter concerned back to the Deputy Commissioner for further investigation (and, in a case falling within section 39(3)(e), the Commissioner is not of the opinion referred to in that provision),
the Commissioner shall employ the procedure under this Chapter (in this Chapter referred to as the “oral hearing procedure”) in relation to the matter concerned and, accordingly, shall hold one or more sittings for the purpose of investigating the matter, being sittings at which the Commissioner may receive such submissions and evidence as he or she thinks fit.
(2) Without prejudice to subsection (3), any such sitting may be held in private or in public as the Commissioner, in his or her discretion, decides.
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(3) If the person, the subject of the investigation, requests the Commissioner to hold a sitting referred to in subsection (1) in public, the Commissioner shall consider that request and may decide to hold the sitting in public; if the Commissioner decides to refuse to accede to that request, the Commissioner shall provide reasons to the requester for the refusal.
(4) The Commissioner may adjourn or postpone any proceedings by way of the oral hearing procedure.
(5) The Commissioner may, under this Chapter, receive evidence given—
(a) orally before him or her,
(b) by the means specified in subsection (9), or
(c) as otherwise directed or allowed by procedures determined under subsection (13), including by means of a live video link, a video recording, a sound recording or any other mode of transmission.
(6) A witness who attends before the Commissioner under this Chapter to give evidence may be required to give evidence on oath.
(7) The Commissioner may administer any oaths necessary for the purposes of the oral hearing procedure.
(8) The Commissioner may, if he or she considers it appropriate, arrange for the examination of a person under this Chapter at any place in or outside the State and may receive, in such form as he or she may determine, the evidence of the person taken at the examination, and the relevant rules of court relating to evidence in proceedings in the High Court shall apply with any necessary modifications.
(9) A witness who gives evidence under this Chapter otherwise than by attending in person or by means of a live video link shall provide the Commissioner with a sworn statement in a form acceptable to the Commissioner indicating that—
(a) the evidence was given by him or her,
(b) the evidence was given voluntarily, and
(c) to the best of his or her knowledge, the content is true and accurate.
(10) Where the Commissioner has received evidence from a witness who is required to provide a sworn statement under subsection (9), the Commissioner may request additional information from the witness relating to that evidence.
(11) A witness shall, within the period specified in the request, comply with a request made of him or her under subsection (10).
(12) The requirements of subsection (9) relating to the provision of a sworn statement apply also to any evidence given in response to a request under subsection (10).
(13) The various steps to be taken in the conduct of the oral hearing procedure shall, subject to the provisions of this Act, be such as shall be determined by the Commissioner and, without prejudice to the generality of the foregoing, the steps as so determined shall make provision for—
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(a) notifying the complainant (if any) and the person, the subject of the investigation, of the date, time and place of any relevant sitting,
(b) giving the person, the subject of the investigation, the names of the witnesses whom it is proposed to call to give evidence, a copy of each statement intended to be used, 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 first-mentioned person and of which he or she may be unaware,
(c) enabling the person, the subject of the investigation, and complainant (if any) or a person representing the complainant to be present at the relevant sitting and enabling the first-mentioned person to present his or her case in person or through a legal or other representative,
(d) enabling written statements to be admissible as evidence, with the consent of the the person, the subject of the investigation,
(e) enabling any signature appearing on a document produced before the Commissioner 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 and the cross-examination of witnesses,
(g) the making of a sufficient record of the proceedings.
(14) On the conclusion of the oral hearing procedure, and having considered the evidence given or presented, and any submissions made, to him or her, in the course of it, the Commissioner shall make such findings of fact in relation to the matter, the subject of the investigation, as he or she considers appropriate.
CHAPTER 5
Miscellaneous Provisions in Relation to Chapters 2, 3 and 4
Privileges of witnesses, position as regards liens, expenses, etc.41. (1) Nothing in Chapter 3 or 4 shall operate to require a person to provide any information
or explanation, or to produce any documents or other things, that he or she would be entitled to refuse to provide or produce on the grounds of legal professional privilege.
(2) A witness who claims to be entitled under any rule of law or enactment to refuse to disclose information requested under Chapter 3 or 4 shall provide the investigation officer or the Commissioner, as the case may be, with a written statement specifying the grounds for the claim, including the privilege or the duty of confidentiality relied on.
(3) A person shall not by act or omission obstruct or hinder the Commissioner, the Deputy Commissioner, an authorised official, an investigation officer or a person who is a member of the staff of the Commissioner or is carrying out an examination pursuant to this Part, in the performance of his or her functions under Chapter 2, 3 or 4.
(4) The production of a document or other thing in compliance with a request under Chapter 3 or 4 does not prejudice a person’s lien on the document or other thing.
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(5) The reasonable expenses of witnesses directed under Chapter 3 or 4 to attend before an investigation officer or the Commissioner shall, subject to section 49, be paid out of moneys provided by the Oireachtas.
(6) A person—
(a) whose evidence has been, is being or is to be given before an investigation officer or the Commissioner under Chapter 3 or 4, or
(b) who produces or sends a document following a request under either such Chapter, or who is directed or requested under either such Chapter to give evidence or produce a document to an investigation officer or the Commissioner or who is directed or requested under either such Chapter to attend before such an officer or the Commissioner to give evidence or produce a document,
shall, subject to section 43, be entitled to the same privileges and immunities in respect of those matters as a witness before the High Court in respect of evidence.
Privilege42. (1) The following shall be absolutely privileged:
(a) documents of the Commissioner, the Deputy Commissioner, an authorised official or an investigation officer connected with his or her functions, wherever published,
(b) reports of the Commissioner, Deputy Commissioner, an authorised official or an investigation officer, wherever published,
(c) statements made in any form at meetings or sittings for the purposes of inquiries or investigations under Chapter 2, 3 or 4 by the Commissioner, the Deputy Commissioner, an authorised official or an investigation officer or an adviser or agent of any of the foregoing and such statements wherever published subsequently.
(2) Utterances made by a person conducting an inquiry, investigation or hearing in accordance with Chapter 2, 3 or 4 and utterances otherwise than at meetings of the Commissioner, or Deputy Commissioner with advisers, officials or agents of the Commissioner made by a person in the performance of functions under any such Chapter, shall be absolutely privileged and those utterances and documents of such persons, advisers, officials and agents connected with the Commissioner or Deputy Commissioner or such functions shall be absolutely privileged wherever published subsequently.
Admissibility of certain evidence43. (1) Notwithstanding section 41(6)—
(a) a person who gives evidence for the purposes of an investigation or hearing pursuant to Chapter 3 or 4 shall not be entitled to refuse to answer any question put to him or her, and
(b) a person shall not be entitled to refuse to produce or send a document pursuant to a direction under either such Chapter,
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on the grounds that his or her answer or the document might incriminate him or her.
(2) A statement or admission made by a person—
(a) to an authorised official,
(b) to an investigation officer or the Deputy Commissioner,
(c) to the Commissioner, or
(d) in a document prepared for and sent by a person or a member of the staff of the Commissioner, for the purposes of the functions of the Commissioner or Deputy Commissioner under Chapter 2, 3 or 4,
shall not be admissible as evidence against the person, or any person who may be liable for the acts or omissions of the person, in any proceedings for an offence (other than proceedings in relation to an offence under section 32(9) or referred to in section 32(10)) or in any civil proceedings in a court or other tribunal.
Discovery of documents44. (1) The Commissioner may for the purposes of his or her functions, direct in writing any
person to make discovery on oath of any documents that are or have been in the possession or control of the person relating to any matter relevant to the functions of the Commissioner and to specify in the affidavit of documents concerned any documents mentioned therein which the person objects to produce and the grounds for the objection; and the rules of court relating to the discovery of documents in proceedings in the High Court shall apply in relation to the discovery of documents pursuant to this subsection with any necessary modifications.
(2) Where a person, in relation to the discovery of documents pursuant to subsection (1), contravenes a rule of court referred to in that subsection, the High Court may, on application to it in that behalf in a summary manner by the Commissioner, order the person to comply with the rule and make such other (if any) order as it considers necessary and just.
Preservation of documents45. (1) A person who has in his or her possession or control a document or information in any
form that he or she knows to be relevant to a process to which this section applies, being a process of which he or she is aware, shall preserve the document or information until the process and any related proceedings are completed.
(2) Each of the following is a process to which this section applies, namely any inquiry, investigation or hearing, or intended inquiry, investigation or hearing, under Chapter 2, 3 or 4.
Prohibition on disclosure of information46. (1) A person shall not disclose information obtained by him or her in the exercise of
powers conferred by this Act or by being present at a meeting or a sitting of the Commissioner, the Deputy Commissioner, an authorised official or an investigation officer held in private.
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(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 a statement furnished under section 12, 13 or 21, being a disclosure by a person to whom the statement is furnished under this Act (“the first-mentioned person”) and made to such persons holding such offices or other positions in the public body concerned as the first-mentioned person considers appropriate in a case where that person is of the 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 mentioned in this paragraph 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 General to the Government, a Committee or Joint Committee of a House or the Houses, the Commissioner or a relevant person specified in Schedule 2, 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 under section 50 that has not been laid before either House of the Oireachtas.
CHAPTER 6
Action on foot of investigation (whether involving an oral hearing or not) and supplemental provisions
Action following investigation47. (1) A reference in this section to a relevant finding of fact made by the Commissioner is a
reference to—
(a) a finding of fact made by the Commissioner on foot of his or her acceptance, as mentioned in section 39(3)(a) or (c), of a recommendation or recommendations of the Deputy Commissioner, or
(b) a finding of fact made by the Commissioner under section 40(14) in relation to the matter, the subject of the investigation concerned, following the completion of the oral hearing procedure under Chapter 4.
(2) A reference in this section to a contravention of this Act is a reference to, as appropriate—
(a) the contravention, the subject of the complaint referred to in section 36(1),
(b) the contravention referred to in section 36(2)(a) as the suspected contravention, or
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(c) in the case of a matter referred to the Deputy Commissioner under subsection (2)(b) of section 36, a contravention referred to in that subsection (2)(b).
(3) Where the Commissioner makes a relevant finding of fact, the powers specified in subsection (4) or (5), as appropriate, are exercisable by the Commissioner.
(4) The powers of the Commissioner referred to in subsection (3) are, if the relevant finding is that no contravention of this Act occurred, to, as appropriate—
(a) dismiss the complaint referred in section 36(1), or
(b) declare that he or she is satisfied that the suspected contravention referred to in section 36(2)(a) did not occur or, as the circumstances may require, that the matters referred in section 36(2)(b) have been fully investigated and no further action is required.
(5) The powers of the Commissioner referred to in subsection (3) are, if the relevant finding is that a contravention of this Act occurred, to—
(a) notwithstanding the making of such a finding (but only if it is a case in which the matter is one which appears to the Commissioner to be minor and without prejudice to the power under paragraph (b)), issue to the person, the subject of the investigation, such confidential advice and general guidance (if any) as the Commissioner considers appropriate;
(b) notwithstanding the making of such a finding, refer the matter, if it is one which appears to the Commissioner to be more appropriately dealt with by that body, to the relevant public body;
(c) in a case in which the following conditions are satisfied—
(i) the contravention found, apart from the consideration next mentioned concerning the sufficiency of evidence, constitutes an offence under this Act, and
(ii) the evidence on which the finding is based is of a character sufficient, in the opinion of the Commissioner, to sustain a prosecution in respect of the contravention as such an offence,
take such action as is specified in Part 5; or
(d) in a case in which either—
(i) the condition specified in paragraph (c)(i) or (ii) is not satisfied, or
(ii) notwithstanding that both of those conditions are satisfied, the Commissioner does not consider it appropriate, having regard to all the circumstances, to take such action as is specified in Part 5,
proceed to consider the appropriate action under section 55.
Costs of persons appearing before the Commissioner or an investigation officer48. (1) Where following an investigation under this Part, (including, as the case may be, an
oral hearing procedure under Chapter 4), the Commissioner is of the opinion that, having regard to the findings and all other relevant matters (including failure to co-operate with or provide assistance to or knowingly giving false or misleading
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information to the Commissioner or an investigation officer), there are sufficient reasons rendering it equitable to do so, he or she may, either of his or her own motion or on the application of any person who appeared before the Commissioner or an investigation officer during the investigation, make an order providing—
(a) that the whole or part of the costs necessarily incurred, by any person who appeared before the Commissioner or an investigation officer during the investigation, as taxed by a Taxing Master of the High Court, shall be paid to the person by any other person named in the order, or
(b) that the whole or part of the costs incurred by the Commissioner or an investigation officer during the investigation, as taxed in the foregoing manner, shall be paid to the Minister by any other person named in the order.
(2) Any sum payable pursuant to an order under this section shall be recoverable as a simple contract debt in any court of competent jurisdiction.
(3) Any sum payable by the Minister pursuant to an order under this section shall be paid out of moneys provided by the Oireachtas.
(4) A person who is required by an order under this section to pay any sum may appeal against the order to the High Court within 3 months from the date on which the order is made, and, on the hearing of the appeal, the High Court may make an order confirming, cancelling or varying the first-mentioned order as it considers just.
Award of costs by Commissioner against complainant49. (1) References in this section to an investigation are references to an investigation under
this Part (including, as the case may be, an oral hearing procedure under Chapter 4) conducted following the referral of a matter to the Deputy Commissioner under section 36(1).
(2) The Commissioner may make an order that such amounts as he or she considers appropriate, having regard to all the circumstances, in respect of the reasonable costs and expenses incurred by any person who appeared before the Commissioner or an investigation officer during an investigation (including costs and expenses incurred by such a person in respect of legal representation) in relation to the investigation shall be paid to the person by the complainant where:
(a) the complaint was dismissed under section 34;
(b) on foot of a report under section 37(7)—
(i) the Commissioner discontinued the investigation on the grounds that the complaint concerned was frivolous or vexatious, or
(ii) the Commissioner discontinued the investigation on the grounds that evidence sufficient to sustain the complaint concerned or to warrant the investigation was not and may not have been available and, in so discontinuing the investigation, the Commissioner was of the opinion that there were no reasonable grounds for the complaint;
or
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(c) the relevant finding of fact made by the Commissioner, as that expression to be construed in accordance with section 47, is that no contravention of this Act occurred and, having regard to that finding and, as appropriate—
(i) the other matters referred to in the report of the Deputy Commissioner under section 39(1), or
(ii) any other findings made by the Commissioner following the conclusion of the oral hearing procedure,
the Commissioner is of the opinion that there were no reasonable grounds for the complaint.
(3) For the purposes of subsection (2), the Commissioner may measure the costs and expenses referred to in that subsection.
(4) Any sum payable pursuant to an order under this section shall be recoverable as a simple contract debt in any court of competent jurisdiction.
(5) A person who is required by an order under this section to pay any sum may appeal against the order to the High Court within 3 months from the date on which the order is made, and, on the hearing of the appeal, the High Court may make an order confirming, cancelling or varying the first-mentioned order as it considers just.
Commissioner’s report in relation to investigation50. (1) The Commissioner shall prepare a report in writing of the result of an investigation
under this Part (including, as the case may be, an oral hearing procedure under Chapter 4).
(2) The Commissioner shall furnish a copy of a report under this section—
(a) if the investigation was carried out on foot of a matter referred to the Deputy Commissioner under section 36(1) or (2)(a), to the person, the subject of the investigation, and to such other persons as the Commissioner may consider appropriate,
(b) if the investigation was carried out on foot of a matter referred to the Deputy Commissioner under section 36(2)(b) and the relevant finding of fact made by the Commissioner, as that expression is to be construed in accordance with section 47, is a finding that a contravention of this Act occurred and identifying the person who committed the act or default concerned, to that person and to such other persons as the Commissioner may consider appropriate.
(3) A report under this section shall—
(a) by reference to—
(i) the relevant report of the Deputy Commissioner under section 39(1),
(ii) in the case where an investigation has been discontinued under section 37(8), the relevant report of the Deputy Commissioner under section 37(7), or
(iii) in a case where an oral hearing procedure under Chapter 4 has been conducted, the findings made by the Commissioner under section 40(14),
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set out the findings of the investigation or, in a case where the investigation has been so discontinued, the reasons for its being discontinued,
(b) specify the action taken or being taken, if any, under Part 5 or 6 on foot of any such findings, and
(c) contain such other matters as the Commissioner may consider appropriate.
(4) A report under this section shall be published and where it relates to—
(a) a member of the Houses of the Oireachtas, it shall be laid before the Houses of the Oireachtas, or
(b) a member of the European Parliament, it shall be furnished to the President of the European Parliament, or
(c) a chief executive, it shall be furnished to the Cathaoirleach of the county council, city council or city and county council concerned,
(d) the Cathaoirleach of a local authority, it shall be furnished to the Leas-Cathaoirleach of the authority and to its chief executive,
(e) any other member of a local authority, it shall be furnished to the Cathaoirleach of the authority and to its chief executive,
(f) any employee of a local authority other than the chief executive, it shall be furnished to the chief executive of the local authority concerned,
(g) a member of a local authority Committee, it shall be furnished to the chief executive of the local authority concerned,
(h) any other public official, to the head of the public body concerned.
(5) Nothing in subsection (4) shall be construed so as to prevent the furnishing of a report under this section to any other person in accordance with this Act.
PART 5
PROSECUTION OF OFFENCES
Prosecution of offences51. (1) Subsection (2) applies where—
(a) as provided under paragraph (c) of section 47(5), action may be taken under this Part if the evidence referred to in that paragraph is of a character sufficient, in the opinion of the Commissioner, to sustain a prosecution in respect of the contravention concerned as an offence under this Act (in subsection (2) referred to as the “offence concerned”), or
(b) this Act otherwise provides that action may be taken under this Part in relation to an offence under this Act (in subsection (2) also referred to as the “offence concerned”).
(2) Where this subsection applies, the Commissioner may—
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(a) prosecute the offence concerned summarily; or
(b) refer to the Director of Public Prosecutions the matter of whether a prosecution by the Director in respect of the offence concerned ought to be taken.
(3) If the Commissioner is of the opinion that the evidence set out in a report of the Deputy Commissioner under section 39(1) or the evidence presented before the Commissioner during the oral hearing procedure under Chapter 4 of Part 4 discloses facts from which it could be reasonably concluded that an offence under any other enactment was committed either—
(a) by the person, the subject of the investigation concerned, or
(b) by any other person,
the Commissioner may refer to the Director of Public Prosecutions the matter of whether a prosecution by the Director in respect of that offence ought to be taken.
(4) Notwithstanding section 10(4) of the Petty Sessions (Ireland) Act 1851, summary proceedings for an offence under section 32(4) may be commenced—
(a) at any time within 6 months from the date of the relevant report of the Commissioner under section 50 or, where in consequence of the formation of the opinion referred to in section 35(8)(a), no investigation under Part 4 has been conducted in relation to the relevant contravention, the date of that opinion, or
(b) at any time within 6 months from the date on which evidence sufficient, in the opinion of the person by whom the proceedings are initiated, to justify the proceedings, comes to such person’s knowledge,
whichever is the later, but no such proceedings shall be initiated later than 5 years from the date on which the offence concerned was committed.
Fixed payments52. (1) Where a person commits an offence under section 32(4), the Commissioner may serve
a notice (in this section referred to as a “fixed payment notice”) on the person.
(2) The fixed payment notice shall—
(a) be in the prescribed form,
(b) state that the person is alleged to have committed an offence under section 32(4),
(c) state that, if the fixed payment, accompanied by the notice, is paid to the Commissioner by the date specified in the notice, a prosecution in respect of the offence under section 32(4) will not be initiated,
(d) state that the person is not obliged to pay the fixed payment, and
(e) contain details of how the fixed payment is to be paid.
(3) The fixed payment notice shall be served on the person by delivering it to the person or by leaving it at, or posting it to, the address (or principal address) at which the person carries out his or her duties as a public official or, as the case may be, carries on business or (if, in either of those cases, there is no such address) the address at which the person ordinarily resides.
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(4) The fixed payment is €200.
(5) No prosecution in respect of the offence under section 32(4) shall be initiated against the person—
(a) until after the date specified in the fixed payment notice as that by which the fixed payment is to be paid, or
(b) at all, if the fixed payment is paid to the Commissioner before that date.
(6) The amount of any fixed payment received by the Commissioner under this section shall be paid into or disposed of for the benefit of the Exchequer as the Minister directs.
Penalties on conviction53. (1) A person guilty of an offence under this Act (other than an offence under section
32(4)) shall be liable—
(a) on summary conviction, to a Class A fine or imprisonment for a term not exceeding 12 months or both,
(b) on conviction on indictment, to a fine not exceeding €100,000 or imprisonment for a term not exceeding 5 years or both.
(2) A person guilty of an offence under section 32(4) shall be liable on summary conviction to a Class A fine or imprisonment for a term not exceeding 12 months or both.
Other consequences of a conviction under this Act54. (1) Where a person is convicted on indictment of an offence under this Act, the court
before which the person is convicted, may, in addition to or in substitution for any fine or imprisonment under section 53, order that the person be disqualified from holding office as a public official or a particular category of public official for such period as the court may specify.
(2) Subsection (1) shall not apply to a member of either House of the Oireachtas.
(3) Following conviction of a member of either House of the Oireachtas for an offence under this Act, the relevant House may suspend that member from the service of that House—
(a) in the case of a summary conviction, for such period, not exceeding 12 months, as the House may specify, or
(b) in the case of a conviction on indictment, for such period as the House may specify.
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PART 6
CIVIL CONSEQUENCES OF CONTRAVENTION
Sanctions55. (1) Subsection (2) applies where—
(a) the relevant finding of fact made by the Commissioner (as that expression is to be construed in accordance with section 47) is that a contravention by the person concerned of this Act occurred, and
(b) the case falls within subsection (5)(d)(i) or (ii) of that section.
(2) Where this subsection applies, the Commissioner may decide to do one or more of the following—
(a) issue a censure to the person concerned,
(b) issue a warning to the person concerned,
(c) direct that the person concerned shall undertake actions to secure compliance with this Act within a period specified by the Commissioner,
(d) recommend to the employer of the person concerned that the person, either as the Commissioner thinks appropriate—
(i) be suspended for such period as is specified by the Commissioner, or
(ii) be removed,
from the office or other position (within the meaning of section 4(2)) that the person holds in that public body,
(e) where the person concerned is a member of a House, recommend that the member be suspended from the service of the House for such period (not exceeding 12 months) as is specified by the Commissioner.
(3) A warning under subsection (2)(b) shall be a warning, in such terms as the Commissioner considers appropriate, to the effect that the person concerned must heed for the future a provision or provisions of this Act as that provision or those provisions apply to the person.
(4) The provision made by subsection (2)(d) or (e) enabling a recommendation of the kind referred to in that provision to be made shall not be construed as rendering it unnecessary to comply with any procedure or condition that, by virtue of any enactment or other law, must be complied with before the suspension or removal concerned is effected.
(5) If the Commissioner proposes to make a decision under subsection (2), he or she shall notify the public official concerned of the proposal in writing and may hear submissions and, if the Commissioner considers it appropriate, evidence by or on behalf of the public official in relation to the proposal and the extent to which the Commissioner’s power to do a particular thing under that subsection ought to be exercised in the circumstances.
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(6) Where the Commissioner makes a decision under subsection (2), he or she shall, as soon as practicable, notify the public official concerned in writing, stating the decision, the reasons for the decision and the date on which it was made.
(7) A person who receives a notification under subsection (6) may appeal to the High Court against the decision specified in the notification within a period of 21 days beginning on the date of such receipt.
(8) If an appellant under subsection (7) specifies in the relevant notice of appeal that the appeal is also to be taken as an appeal against the relevant finding of fact made by the Commissioner referred to in subsection (1), then—
(a) that specification shall operate to constitute the appeal referred to in the subsequent provisions of this section as also an appeal against that relevant finding of fact,
(b) the first and second references in subsection (9) to a decision include references to the relevant finding of fact, and
(c) on the hearing of the appeal, the High Court may hear such evidence as is offered by or on behalf of each of the appellants and the Commissioner in relation to whether the contravention concerned of this Act occurred or not, before exercising the powers under subsection (9).
(9) On the hearing of an appeal under subsection (7) against a decision, the High Court may make—
(a) an order confirming or setting aside the decision,
(b) an order—
(i) remitting the decision, with or without directions, to the Commissioner for reconsideration by him or her and the making of a new decision in relation to the matters referred to in subsection (2), and
(ii) specifying which of the other provisions of this section (including this subparagraph) shall apply or, as the Court considers appropriate, shall not apply in relation to, or consequent on, the making of any such new decision (and the power of the Court under this subparagraph extends to providing that any of those other provisions (but not this power to order that such a provision shall apply with any modification next mentioned) shall apply with any modification that the Court considers appropriate and specifies in the order),
or
(c) any other order that it considers appropriate.
(10) Before the doing of a thing referred to in subsection (2), on foot of a decision made under that subsection, the Commissioner shall notify the employer of the public official concerned of his or her intention to do the thing.
Suspension by House56. (1) This section applies where, under section 55(2)(e), the Commissioner recommends
that a member of a House of the Oireachtas be suspended from the service of that
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House (and the decision to make such a recommendation has not, in consequence of an appeal or further appeal taken and prosecuted in respect of that decision, been set aside on the appeal or further appeal being finally determined).
(2) Where this section applies, the relevant House may suspend the member from the service of it for such period, not exceeding 12 months, as it may specify.
Automatic disqualification in case of failure to be tax compliant57. (1) Where on account of—
(a) a statement that has been furnished by a public official to the Commissioner pursuant to Chapter 2 of Part 2, or
(b) the fact that there has not been furnished to the Commissioner, in accordance with that Chapter, a certificate required to be furnished under that Chapter by a public official to him or her,
the Commissioner is of the opinion that, for the time being, the public official is not in compliance with the obligations specified in section 19(1), the Commissioner shall publish a statement to that effect, and the statement so published shall bear the date on which it is published and state that it is published pursuant to this subsection.
(2) For so long as the statement so published is not superseded by a statement under subsection (4), the public official shall be disqualified from appointment to any position as a public official, but this subsection does not disqualify—
(a) the public official (where he or she is not otherwise disqualified by any other enactment) from being elected as a member of either House of the Oireachtas, the European Parliament or a local authority, or
(b) the public official from continuing to hold his or her existing position as a public official.
(3) The disqualification provided for by subsection (2) shall operate notwithstanding the provisions of any enactment relating to the position concerned.
(4) Where—
(a) a statement under subsection (1) has been published in relation to a public official, and
(b) at a time subsequent to his or her forming the opinion referred to in that subsection, the Commissioner becomes of the opinion, on account of the fact that there has been furnished to the Commissioner, in accordance with Chapter 2 of Part 2, a certificate required to be furnished under that Chapter by that public official, that the official is now in compliance with the obligations specified in section 19(1),
the Commissioner shall forthwith publish a statement that states that—
(i) the first-mentioned statement in this subsection is superseded by the immediate statement, and
(ii) the public official is, for the time being, in compliance with the obligations specified in section 19(1),
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and the statement so published shall bear the date on which it is published and state that it is published pursuant to this subsection.
(5) A statement under subsection (4) may, where the circumstances specified in paragraph (a) or (b) of subsection (1) subsequently apply in relation to the public official concerned, be superseded by a further statement under subsection (1) (and subsections (1) to (4) shall be construed and shall operate so as to permit such to be done and the further statement under subsection (1) to be superseded by a further statement under subsection (4) and so on).
(6) In this section “position as a public official” means an office or other position (within the meaning of section 4(2)) in a public body.
(7) This section is without prejudice to section 17(4).
Validity of acts of public body not affected by reason of contravention or certain suspension58. Where a person contravenes a provision of this Act or purports to act in any capacity as
a public official while suspended from office by virtue of a provision of this Act, or an order under such a provision, the fact of such contravention or of his or her so acting, as the case may be, does not invalidate any act or proceeding of the public body concerned or any other body.
PART 7
OUTSIDE APPOINTMENTS BOARD
Engagement with outside bodies59. (1) Where—
(a) any public official, other than a public official specified in section 4(1)(a)(i), (ii) or (iii), intends to be engaged or connected, subsequent to his or her having ceased to be a public official, in or with—
(i) any business not conducted by his or her present employer or any other public body, being a business with which he or she has or had dealings during the course of the performance of his or her duties as such an official, or
(ii) any business not conducted by his or her present employer or any other public body, in circumstances where it is reasonably possible that a result of his or her being so engaged in or connected with that business is that that business will gain an advantage over its competitors by reason of that person’s being so engaged in or connected with it,
and
(b) the date on which the public official intends to commence to be so engaged or connected is a date falling not more than 12 months after the time on which he or she will have ceased to be a public official,
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then the public official has the following duty.
(2) The duty of the public official under subsection (1) is to inform by a notice in writing, given before he or she ceases to be such an official, the head of his or her employer (or a person to whom the function of receiving such notice has been delegated by the head of that employer) of the intention referred to in that subsection.
(3) In subsection (1)—
(a) a reference to business, where it is not business conducted by a public body (apart from business conducted by the public body acting through such an individual or body), includes a reference to a business conducted by an individual or a body and a business comprising the activities of an independent contractor which the public official intends to acquire or take over the management or direction of, and
(b) a reference to the public official’s being connected with a business does not include a reference to his or her having a connection with a business merely by being a customer of it on an arm’s length basis.
(4) Subsection (6) applies where—
(a) any public official, serving in a relevant position, intends to:
(i) accept an offer of an appointment from a body or other person which or who is not a public body; or
(ii) accept an engagement that will involve him or her, whether under a contract of service or a contract for services, in the provision of consultancy services,
within a period of 12 months from a time on which he or she will have ceased to be a public official (which intention, under either of those foregoing subparagraphs, is referred to subsequently in this section as the “intended course of action”), and
(b) the nature and terms of that appointment of engagement are such that the intended course of action could reasonably lead to a conflict of interest on the part of the public official with respect to the performance of his or her duties as such an official before ceasing to be a public official.
(5) In subsection (4) “relevant position” means an office or other position (within the meaning of section 4(2)) in a public body that is an office or other position in respect of which the maximum salary is not less than the maximum salary of an Assistant Secretary (subject to Class B pay related social insurance) in the Civil Service.
(6) Where this subsection applies, then the public official shall not accept an offer referred to in subsection (4) without having first notified in writing the Outside Appointments Board of the intended course of action and requesting its consent thereto, and then only under and in accordance with—
(a) the consent (if any) given by that Board, on foot of that request, under subsection (7) to the intended course of action, or
(b) if the decision of that Board is appealed under subsection (8), the consent (if any) given by the person, nominated under that subsection, to the intended course of action.
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(7) On being notified and its being consent requested as mentioned in subsection (6), the Outside Appointments Board may, after consultation with such persons (if any) as, in the Board’s opinion, ought to be consulted, decide to—
(a) give its consent, either unconditionally or subject to such conditions as it specifies, to the intended course of action, or
(b) refuse to give its consent to that course of action,
and, without prejudice to the generality of paragraph (a), a consent under that paragraph may specify that the earliest the intended course of action may be commenced to be taken shall be later, by a specified number of days or months, than the time on which the person concerned will have ceased to be a public official (but the period so specified shall not be greater than the period of 12 months referred to in subsection (4)(a)).
(8) The public official concerned may appeal against a decision under subsection (7) to a person (the “appellate authority”) who is nominated by the Minister for the purpose and, on the hearing of the appeal, the appellate authority shall make its determination in relation to the matter, being a determination, as it considers appropriate—
(a) giving its consent, either unconditionally or subject to such conditions as it specifies, to the intended course of action (and the provisions of subsection (7), appearing after paragraph (b) of it, shall apply for this purpose as they apply for the purpose of paragraph (a) of that subsection), or
(b) refusing to give its consent to that course of action.
(9) An appeal under subsection (8) shall be made within the period of 21 days beginning on the date that the person concerned is notified by the Outside Appointments Board of its decision under subsection (7).
Establishment of Outside Appointments Board60. (1) There is established, by virtue of this section, a board which shall be known as the
Outside Appointments Board (the “Board”).
(2) The Board shall consist of such and so many members as the Minister determines and appoints.
(3) A member of the Board shall hold office on such terms (including terms providing for the payment of allowances and expenses to him or her) and subject to such conditions as the Minister determines.
(4) In addition to the function under section 59 of receiving notifications under subsection (6) of that section and determining, pursuant to subsection (7) of that section, requests for consents under that subsection, the Board shall have the function of furnishing advice to the Minister and public bodies concerning cases in which a public official ceases (or intends to cease) to hold office and takes up (or intends to take up) a position with a body or other person which or who is not a public body, and practices that may be adopted to manage conflicts of interest that could arise in such cases.
(5) The Board shall, in each year, prepare a report on its activities in the previous year.
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(6) The Board shall furnish a copy of a report under subsection (5) to the Minister.
PART 8
MISCELLANEOUS
Repeals61. (1) Subject to subsection (2), the following are repealed—
(a) Parts II, III and IV and sections 21, 22, 25, 27, 29, 30, 31(1) and 33 of, and the First and Second Schedules to, the Ethics in Public Office Act 1995,
(b) sections 2, 4(1)(a) and (b), 10 to 12, 14, 15, 21 to 25, 27 and 28 of the Standards in Public Office Act 2001,
(c) Part 15 of the Local Government Act 2001.
(2) The repeal by subsection (1) of the provisions of the Ethics in Public Office Act 1995 or the Standards in Public Office Act 2001 specified in that subsection does not affect the following under either of those Acts, namely, the making of a complaint that a provision of the Act of 1997 has been contravened, the handling of such a complaint by the Commissioner (by virtue of section 64), the conducting of an investigation in relation to such a complaint or the application of provisions of either of those Acts consequent on the conclusion of such an investigation.
Regulations and orders62. (1) 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 Act 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, by regulations under this section, vary, having regard to any change in the consumer price index occurring after the passing of this Act, any monetary amount specified in this Act (other than in relation to a penalty for an offence).
(4) For the purposes of subsection (3), “change in the consumer price index” means the difference between the consumer price index number last published before the date of the making of regulations under that subsection (the “immediate regulations”) and the consumer price index number last published before the date of the coming into operation of, as appropriate—
(a) the provision of this Act, or
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(b) the last previous regulations made under subsection (3),
specifying the amount applying immediately before the making of the immediate regulations, expressed as a percentage of the last-mentioned number.
(5) Every regulation under this Act and every order under this Act (other than order under section 1(2)) shall be laid before each House as soon as may be after it is made and, if a resolution annulling the regulation or order is passed by either House within the next 21 days on which that House has sat after the regulation or order is laid before it, the regulation or order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.
(6) In this section “consumer price index” means the All Items Consumer Price Index compiled by the Central Statistics Office.
Expenses63. 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.
Adaptation of references64. (1) In the Act of 1997 and every other Act of the Oireachtas and every instrument made
under any such Act—
(a) references to the Standards in Public Office Commission shall be construed as references to the Office of the Public Sector Standards Commissioner or the Commissioner, as appropriate, and
(b) references to the chairperson of the Standards in Public Office Commission shall be construed as references to the Commissioner.
(2) The Minister may, with the consent of the Minister for the Environment, Community and Local Government, by regulations provide for such (if any) other adaptations of the Act of 1997 and any other Act of the Oireachtas as appear to him or her to be necessary or expedient for the purpose of the performance by the Commissioner of his or her functions under those Acts.
Transitional and saver65. (1) Part V of the Ethics in Public Office Act 1995 and sections 3 to 9 of the Standards in
Public Office Act 2001 shall, as respects the matters specified in subsection (2), have effect as if the provisions of those Acts specified in section 61(1) had not been repealed, subject to the Commissioner performing any functions vested in the Standards in Public Office Commission by that Part V or the first-mentioned sections, being functions that fall to be performed after the commencement of this Act.
(2) The matters referred to in subsection (1) are—
(a) a complaint under section 22 of the Ethics in Public Office Act 1995 made to the Standards in Public Office Commission before the commencement of this Act,
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(b) an investigation under section 23(1) of that Act begun before such commencement,
(c) a report under section 24 of that Act in relation to such an investigation,
(d) a request under section 25(1)(b) of that Act made before such commencement,
(e) the report under subsection (1) of section 27 of that Act in respect of any year prior to such commencement and any reports under subsection (2) of that section in course of preparation immediately before such commencement, and
(f) any investigation under section 4 of the Standards in Public Office Act 2001 begun before such commencement.
(3) In addition to what is provided for by subsection (2), section 180 of the Local Government Act 2001 and the provisions of the Acts specified in section 61(1)(a) and (b) to which that section 180 relates (the “related provisions”) shall, as respects a matter specified in subsection (4), have effect as if that section and the related provisions had not been repealed, subject to the Commissioner performing any functions vested in the Standards in Public Office Commission by that section or the related provisions, being functions that fall to be performed after the commencement of this Act.
(4) The matter referred to in subsection (3) is a complaint, investigation, report or request falling within any of paragraphs (a) to (f) of subsection (2) and which complaint, investigation, report or request is made, carried out or undertaken under the provision concerned referred to in the relevant paragraph of subsection (2) by reason of the operation of section 180 of the Local Government Act 2001.
(5) Guidelines drawn up and published by the Standards in Public Office Commission under section 25 of the Ethics in Public Office Act 1995, codes of conduct published under section 10 of the Standards in Public Office Act 2001 and codes of conduct issued under section 169 of the Local Government Act 2001 that are in force immediately before the commencement of this Act, shall continue in force, with any necessary modifications, after such commencement as if they were a model code of conduct drawn up and issued by the Commissioner under section 30, until—
(a) the expiry of 12 months from the commencement of this Act, or
(b) such a model code of conduct is drawn up and issued by the Commissioner,
whichever firstly occurs.
Schedules 1 and 2: provisions concerning their operation and construction of certain references66. (1) In respect of the person or, as the case may be, each person specified in column (2) of
Part 1, 2 or 3, as appropriate, of Schedule 1 at a particular reference number there is specified opposite that person, in column (3) at that reference number, the person to whom a disclosure in writing under section 12 or 13 by the former is to be made.
(2) A reference in section 12 or 13, or any other provision of this Act, to a relevant person specified in Schedule 1 is a reference to the person so specified in column (3) of the Part concerned of that Schedule.
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(3) In respect of the person or, as the case may be, each person specified in column (2) of Part 1 or 2, as appropriate, of Schedule 2 at a particular reference number there is specified opposite that person, in column (3) at that reference number, the person to whom a statement in writing under section 21 or 22 by the former is to be furnished.
(4) A reference in section 21 or 22, or any other provision of this Act, to a relevant person specified in Schedule 2 is a reference to the person so specified in column (3) of the Part concerned of that Schedule.
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SCHEDULE 1
PERSONS TO WHOM STATEMENTS OF AD HOC DISCLOSURES ARE TO BE MADE
Part 1
CATEGORY A PUBLIC OFFICIALS
Reference No.
(1)
Particular Category A public official
(2)
Person to whom statement of ad hoc disclosure is to be furnished
(3)1
A member of Dáil Éireann The Ceann Comhairle or, if the meeting referred to in section 12 is a meeting of a Committee or Joint Committee, the chairperson of the Committee or Joint Committee
2
A member of Seanad Éireann The Cathaoirleach or, if the meeting referred to in section 12 is a meeting of a Committee or Joint Committee, the chairperson of the Committee or Joint Committee
3
A member of the European Parliament for a constituency in the State
The President of the European Parliament
4
A member of a local authority other than the Cathaoirleach of the local authority
The Cathaoirleach of the local authority
5
The Cathaoirleach of the local authority
The Leas-Cathaoirleach of the local authority
6 The Attorney General The Taoiseach7
A special adviser whose remuneration exceeds a prescribed amount
The Minister of the Government or Minister of State to whom the special adviser reports
8
The chairperson of a public body The chief executive officer of the public body (or the holder of a position in the public body that is equivalent to that of chief executive officer) or, where the board of the public body so decides, another member of the public body notified to the chairperson
9
The chief executive of a local authority
The Cathaoirleach of the local authority
10
Any other person holding an office or other position in a public body, other than the head of the public body, in respect of which the remuneration is not less than the lowest remuneration in relation to the position of Deputy Secretary General in the Civil Service
The head of the public body or, if there is a person who performs, in relation to the person mentioned opposite, the function of line manager, that person (or a person to whom that function stands delegated as notified to the person mentioned opposite by the head of the public body)
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11
The head of a public body in relation to whom the remuneration is not less than the lowest remuneration in relation to the position of Deputy Secretary General in the Civil Service
The Minister of the Government under whose aegis the public body operates
12
Any other person holding an office or other position in a public body prescribed for the purposes of section 5(1)
The prescribed person
Part 2
CATEGORY B PUBLIC OFFICIALS
Reference No.
(1)
Particular Category B public official
(2)
Person to whom statement of ad hoc disclosure is to be furnished
(3)1
A person holding an office or other position in a public body in respect of which the maximum salary is not less than the maximum salary of a principal officer (general service grade and subject to Class B pay related social insurance) in theCivil Service
The head of the public body or, if there is a person who performs, in relation to the person mentioned opposite, the function of line manager, that person (or a person to whom that function stands delegated as notified to the person mentioned opposite by the head of the public body)
2
A member of a board of a public body (other than the chairperson of the public body)
The chairperson of the public body or, where the board of the public body so decides and notifies the member of the board as to whom of the following it has decided upon, one of the following, namely, the Secretary, if any, to the public body or another member of the board, or the chief executive officer of the public body (or the holder of a position in the public body that is equivalent to that of chief executive officer) or another executive of it
3
The Master of the High CourtA Taxing Master
The President of the High Court
4
A Deputy Master of the High Court
The Master of the High Court
5
A County SheriffA City Sheriff
The Minister for Justice and Equality
6 A County Registrar The President of the Circuit Court
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7
A Property Arbitrator The Reference Committee established by section 1 of the Acquisition of Land (Assessment of Compensation) Act 1919 as amended by the Acquisition of Land (Reference Committee) Act 1925
8
Any other person holding an office or other position in a public body prescribed for the purposes of section 5(3)
The prescribed person
Part 3
CATEGORY C PUBLIC OFFICIALS
Reference No.
(1)
Particular Category C public official
(2)
Person to whom statement of ad hoc disclosure is to be furnished
(3)
1
Any person holding an office or other position in a public body that does not fall within section 5(3)(a)
The head of the public body or, if there is a person who performs, in relation to the person mentioned opposite, the function of line manager, that person (or a person to whom that function stands delegated as notified to the person mentioned opposite by the head of the public body)
2
A person who is a member of a committee, joint committee or joint body of a local authority, other than a member of a local authority
The chief executive of the local authority
3
Any other person holding an office or other position in a public body prescribed for the purposes of section 5(5)
The prescribed person
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SCHEDULE 2
PERSONS TO WHOM STATEMENTS OF DECLARABLE INTERESTS ARE TO BE FURNISHED UNDER SECTION 21 OR 22
Part 1
CATEGORY B PUBLIC OFFICIALS
Reference No.
(1)
Particular Category B official
(2)
Person to whom statement of declarable interests is to be
furnished(3)
1
A person holding an office or other position in a public body in respect of whichthe maximum salary is not less than the maximum salary of a principal officer(general service grade and subject to Class B pay related social insurance) in theCivil Service
The head of the public body or, if there is a person who performs, in relation to the person mentioned opposite, the function of line manager, that person (or a person to whom that function stands delegated as notified to the person mentioned opposite by the head of the public body)
2
A member of a board of a public body (other than the chairperson of the public body)
The chairperson of the public body or, where the board of the public body so decides, after consultation with the Commissioner, and notifies the member of the board as to whom of the following it has decided upon, one of the following, namely, the Secretary, if any, to the public body or another member of the board, or the chief executive officer of the public body (or the holder of a position in the public body that is equivalent to that of chief executive officer) or another member of it
3
The Master of the High CourtA Taxing Master
The President of the High Court
4
A Deputy Master of the High Court
The Master of the High Court
5
A County SheriffA City Sheriff
The Minister for Justice and Equality
6 A County Registrar The President of the Circuit Court7
A Property Arbitrator The Reference Committee established by section 1 of the Acquisition of Land (Assessment of Compensation) Act 1919 as amended by the Acquisition of Land (Reference Committee) Act 1925
8
Any other person holding an office or other position in a public body prescribed for the purposes of section 5(3)
The prescribed person
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Part 2
CATEGORY C PUBLIC OFFICIALS
Reference No.
(1)
Particular Category C public official
(2)
Person to whom statement of declarable interests is to be
furnished(3)
1
Any person holding an office or other position in a public body that does not fall within section 5(3)(a)
The head of the public body or, if there is a person who performs, in relation to the person mentioned opposite, the function of line manager, that person (or a person to whom that function stands delegated as notified to the person mentioned opposite by the head of the public body)
2
A person who is a member of a committee, joint committee or joint body of a local authority, other than a member of a local authority
The chief executive of the local authority
3
Any other person holding an office or other position in a public body prescribed for the purposes of section 5(5)
The prescribed person
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An Bille um Chaighdeáin san Earnáil Phoiblí, 2015
BILLE(mar a tionscnaíodh)
dá ngairtear
Acht do dhéanamh socrú chun Oifig Coimisinéara um Chaighdeáin san Earnáil Phoiblí a bhunú, do mhíniú fheidhmeanna shealbhóir na hoifige sin agus, ina theannta sin, do thabhairt feidhmeanna áirithe de chuid an Choimisiúin um Chaighdeáin in Oifigí Poiblí don sealbhóir sin, do dhéanamh socrú maidir le caighdeáin iompair d’oifigigh phoiblí agus d’fhorchur oibleagáidí áirithe i dtaca leis na caighdeáin sin orthu, do dhéanamh socrú go mbeidh smachtbhannaí ann i gcásanna ina bhfuil na hoibleagáidí sin gan chomhlíonadh, do dhéanamh socrú maidir le himscrúdú a dhéanamh ar ghearáin go bhfuil na hoibleagáidí sin gan chomhlíonadh, do dhéanamh socrú maidir le córas chun leasanna a nochtadh, do dhéanamh socrú maidir le hoifigigh phoiblí áirithe do thabhairt deimhnithe imréitigh cánach d’Oifig an Choimisinéara um Chaighdeáin san Earnáil Phoiblí, do bhunú bord ceapachán seachtrach agus do thabhairt feidhmeanna áirithe dó, d’aisghairm forálacha áirithe den Acht um Eitic in Oifigí Poiblí, 1995 agus den Acht um Chaighdeáin in Oifigí Poiblí, 2001, agus Chuid XV den Acht Rialtais Áitiúil, 2001, agus do dhéanamh socrú i dtaobh nithe gaolmhara.
An tAire Caiteachais Phoiblí agus Athchóirithe a thíolaic,
21 Nollaig, 2015
Public Sector Standards Bill 2015
BILL(as initiated)
entitled
An Act to provide for the establishment of the Office of Public Sector Standards Commissioner, to define the functions of the holder of that office and, in addition, to confer on that holder certain functions of the Standards in Public Office Commission, to provide for standards of conduct for public officials and impose on them certain obligations in connection therewith, to provide sanctions in cases of non-compliance with those obligations, to provide for the investigation of complaints that those obligations have not been complied with, to provide for a system of disclosure of interests, to provide for the furnishing of tax clearance certificates to the Office of Public Sector Standards Commissioner by certain public officials, to establish an outside appointments board and confer on it certain functions, to repeal certain provisions of the Ethics in Public Office Act 1995 and the Standards in Public Office Act 2001, and Part XV of Local Government Act 2001, and to provide for related matters.
Presented by the Minister for Public Expenditure and Reform,
21st December, 2015
BAILE ÁTHA CLIATHARNA FHOILSIÚ AG OIFIG AN tSOLÁTHAIR
Le ceannach díreach ó
FOILSEACHÁIN RIALTAIS,52 FAICHE STIABHNA, BAILE ÁTHA CLIATH 2.
(Teil: 01 - 6476834 nó 1890 213434; Fax: 01 - 6476843)nó trí aon díoltóir leabhar.
——————
DUBLINPUBLISHED BY THE STATIONERY OFFICE
To be purchased from
GOVERNMENT PUBLICATIONS,52 ST. STEPHEN’S GREEN, DUBLIN 2.
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