ETHICS IN PUBLIC OFFICE ACT, 1995

AN ACT TO PROVIDE FOR THE DISCLOSURE OF INTERESTS OF HOLDERS OF CERTAIN PUBLIC OFFICES (INCLUDING MEMBERS OF THE HOUSES OF THE OIREACHTAS) AND DESIGNATED DIRECTORS OF AND PERSONS EMPLOYED IN DESIGNATED POSITIONS IN CERTAIN PUBLIC BODIES, FOR THE APPOINTMENT BY EACH SUCH HOUSE OF A COMMITTEE, AND FOR THE ESTABLISHMENT OF A COMMISSION, TO INVESTIGATE CONTRAVENTIONS OF THIS ACT AND TO ESTABLISH GUIDELINES TO ENSURE COMPLIANCE THEREWITH, TO PROHIBIT THE RETENTION OF VALUABLE GIFTS BY HOLDERS OF CERTAIN PUBLIC OFFICES, TO AMEND THE PREVENTION OF CORRUPTION ACTS, 1889 TO 1916, AND TO PROVIDE FOR RELATED MATTERS. [22nd July, 1995]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

PART I Preliminary and General

1. Short title, commencement, partial cesser and collective citation.

1.—(1) This Act may be cited as the Ethics in Public Office Act, 1995.

• (2)
• (a) (i) Subject to subparagraph (ii), this Act shall come into operation on such day as the Government appoint by order.

• (ii) Subparagraph (i) does not apply to—

• (I) Part II,

• (II) Part III in so far as it relates to the Chairman and Deputy Chairman of each House, or

• (III) Parts V and VI in so far as they relate to members.

• (b) (i) If either House by resolution so declares—

• (I) Part II in so far as it relates to that House and its members and Clerk and its committees and their members and clerks,

• (II) Part III in so far as it relates to the Chairman and Deputy Chairman of that House, and

• (III) Parts V and VI in so far as they relate to members of that House,

shall come into operation on such day as may be specified in the resolution.

• (ii) If each House by resolution so declares, Part II shall come into operation on such day as may be specified in the resolution in so far as it relates to joint committees of both Houses and their members and clerks.

• (c) (i) If either House by resolution so declares—

• (I) Part II in so far as it relates to that House and its members and Clerk and its committees and their members and clerks,

• (II) Part III in so far as it relates to the Chairman and Deputy Chairman of that House, and

• (III) Parts V and VI in so far as they relate to members of that House,

shall cease to be in operation as on and from such day as may be specified in the resolution.

• (ii) If either House by resolution so declares, Part II shall cease to be in operation as on and from such day as may be specified in the resolution in so far as it relates to joint committees of both Houses and their members and clerks.

• (3) The Prevention of Corruption Acts, 1889 to 1916, and section 38 may be cited together as the Prevention of Corruption Acts, 1889 to 1995.

2. Interpretation.

2.—(1) In this Act, save where the context otherwise requires—

“act” includes omission or failure to act and a reference to the doing of an act includes a reference to the making of an omission, and any cognate words shall be construed accordingly;

“actual knowledge” means actual, direct and personal knowledge as distinct from constructive, implied or imputed knowledge and includes, in relation to a fact, belief in its existence the grounds for which are such that a reasonable person who is aware of them could not doubt or disbelieve that the fact exists;

“additional interests” has the meaning assigned to it by section 13;

“benefit” includes—

• (a) a right, privilege, office or dignity and any forbearance to demand money or money's worth or a valuable thing,

• (b) any aid, vote, consent or influence or pretended aid, vote, consent or influence,

• (c) any promise or procurement of or agreement or endeavour to procure, or the holding out of any expectation of, any gift, loan, fee, reward or other thing aforesaid,

or other advantage and the avoidance of a loss, liability, penalty, forfeiture, punishment or other disadvantage;

“Clerk” means, in relation to members of Dáil Éireann, the Clerk of Dáil Éireann and, in relation to members of Seanad Éireann, the Clerk of Seanad Éireann;

“commercial price”, in relation to the supply of property, whether real or personal, or the supply of a service, and “commercial consideration”, in relation to the lending of property, means—

• (a) where the person by whom the property is supplied or lent or the service is supplied carries on a business consisting wholly or partly of the supply or lending of property or the supply of a service, the lowest price or consideration charged by him or her for the supply or lending in the normal course of business of an equivalent amount of property of the same kind or for the supply of a service of the same kind and to the same extent (allowance being made for any discount which is normally given by him or her in respect of the supply or lending of property of the same kind or the supply of a service of the same kind) at or about the time of the first-mentioned supply or lending of property or the first-mentioned supply of a service, and

• (b) where the person by whom the property is supplied or lent or the service is supplied does not carry on a business consisting wholly or partly of the supply or lending of property or the supply of a service of the same kind, the lowest price or consideration for which an equivalent amount of property of the same kind may be purchased or taken on loan or a service of the same kind and to the same extent may be procured in the normal course of business (allowance being made for any discount which is normally given in respect of the supply or lending of property of the same kind or the supply of a service of the same kind) at or about the time of the first-mentioned supply or lending of property or the first-mentioned supply of a service from a person who carries on such a business;

“the Commission” means the commission established by section 21;

“the Committee”, in relation to Dáil Éireann or members of Dáil Éireann, means the Committee on Members' Interests of Dáil Éireann appointed under section 8 and, in relation to Seanad Éireann or members of Seanad Éireann, means the Committee on Members' Interests of Seanad Éireann appointed under section 8 and “a Committee” means, as the context may require, each of those committees or either of them;

“committee” and “joint committee” include a sub-committee of a committee or, as the case may be, joint committee;

“company” means any body corporate;

“connected person”, in relation to a person, shall be construed in accordance with subsection (2);

“designated directorship”, in relation to a public body, means a prescribed directorship of that body;

“designated position”, in relation to a public body, means a prescribed position of employment in that body;

“director” means a director within the meaning of the Companies Acts, 1963 to 1990, but includes, in the case of a public body that is not a company (within the meaning of the Companies Act, 1963) and is specified in subparagraph (8), (9), (10), (11) or (12), or stands prescribed for the purposes of subparagraph (13), of paragraph 1 of the First Schedule, a person who is a member of it or a member of any board or other body that controls, manages or administers it, and any cognate words shall be construed accordingly;

“election” means a presidential election, a European election, a Dáil election, a local election (within the meaning, in each case, of the Electoral Act, 1992), or an election of a member or members to serve in Seanad Éireann, and any cognate words shall be construed accordingly;

“functions” includes powers and duties and references to the performance of functions include, with respect to powers and duties, references to the exercise of the powers and the carrying out of the duties and, in relation to an office holder, includes functions conferred on him or her by the Government or in pursuance of a decision of the Government and functions of the office holder as a member of the Government;

F1[“gift” means a gift of money or other property excluding a donation (within the meaning of the Electoral Act, 1997);]

“House” means House of the Oireachtas and, in relation to a person who is an office holder or member, means the House of the Oireachtas of which he or she is a member, and any cognate words shall be construed accordingly;

“interest” means an interest specified in the Second Schedule;

“lend” includes lease or let and any cognate words shall be construed accordingly;

“member” means a member of Dáil Éireann or a member of Seanad Éireann;

“the Minister” means the Minister for Finance;

“office holder” means—

• (a) a person who is a Minister of the Government or a Minister of State,

• (b) a member who holds the office of Attorney General,

• (c) a person who is Chairman or Deputy Chairman of Dáil Éireann or Chairman or Deputy Chairman of Seanad Éireann, and

• (d) a person who holds—

• (i) the office of chairman of a committee of either House, being an office that stands designated for the time being by resolution of that House, or

• (ii) the office of chairman of a joint committee of both Houses, being an office that stands designated for the time being by resolution of each House;

“prescribed” means prescribed by regulations made by the Minister;

“property” means real or personal property;

“public body” shall be construed in accordance with the First Schedule;

“registrable interest” shall be construed in accordance with the Second Schedule;

“registration date” means—

• (a) in relation to Dáil Éireann and its members and Clerk—

• (i) the date that is 30 days after the commencement of Part II in so far as it relates to Dáil Éireann and its members and Clerk and its committees and their members and clerks or, if on that date Dáil Éireann stands dissolved, the date that is 30 days after the date of the first meeting of Dáil Éireann after the first-mentioned date, and

• (ii) the date of each anniversary of the first registration date or, if on any such date, Dáil Éireann stands dissolved, the date that is 30 days after the date of the first meeting of Dáil Éireann after the first-mentioned date, and

• (b) in relation to Seanad Éireann and its members and Clerk—

• (i) the date that is 30 days after the commencement of Part II in so far as it relates to Seanad Éireann and its members and Clerk and its committees and their members and clerks or, if on that date Dáil Éireann stands dissolved, the date that is 30 days after the date of the first meeting of Seanad Éireann after the first general election for members of Seanad Éireann after that dissolution, and

• (ii) the date of each anniversary of the first registration date or, if on any such date, Dáil Éireann stands dissolved, the date that is 30 days after the date of the first meeting of Seanad Éireann after the first general election for members of Seanad Éireann after that dissolution;

“relative”, in relation to a person, means a brother, sister, parent or spouse of the person or a child of the person or of the spouse;

“relevant authority” has the meaning assigned to it by section 18;

“special adviser” has the meaning assigned to it by section 19;

“spouse”, in relation to a person, does not include a spouse who is living separately and apart from the person;

“value”, in relation to a gift, means the price which the property the subject of the gift would fetch if it were sold on the open market on the date on which the gift was given in such manner and subject to such conditions as might reasonably be calculated to obtain for the vendor the best price for the property, and any cognate words shall be construed accordingly.

• (2)
• (a) Any question whether a person is connected with another shall be determined in accordance with the following provisions of this paragraph (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):

• (i) a person is connected with an individual if that person is a relative of the individual,

• (ii) 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,

• (iii) a person is connected with any person with whom he or she is in partnership,

• (iv) a company is connected with another person if that person has control of it or if that person and persons connected with that person together have control of it,

• (v) any two or more persons acting together to secure or exercise control of a company shall be treated in relation to that company 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.

• (b) In paragraph (a) “control” has the meaning assigned to it by section 157 of the Corporation Tax Act, 1976, and any cognate words shall be construed accordingly.

F2["Act of 1997" means the Electoral Act, 1997;

"Act of 2001" means the Standards in Public Office Act, 2001;

"specified act" means an act or omission referred to in section 4(1)(a) of the Act of 2001 and references to the doing of a specified act include references to the making of such an omission and cognate words shall be construed accordingly, but references, in relation to a member, to a specified act shall be construed as if the references in the said section 4(1)(a) to the performance by the specified person of the functions of the office or position by reference to which he or she is such a person were references to the performance by the member of the functions of the office of member.]

• (3) For the purposes of this Act, a person or a connected person has a material interest in a matter if the consequence or effect—

• (a) of the performance by the person of a function of his or her office, directorship, designated position, or position as a special adviser, as the case may be, or

• (b) of any decision made in relation to or in the course or as a result of the performance of such a function by the person,

concerning that matter may be to confer on or withhold from the person or the connected person a significant benefit F3[or impose on the 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 person or the connected person is a member.

• (4) For the purposes of this Act, a person shall be deemed to have an interest in property if the person would be regarded as having, for the purposes of the F4[Capital Acquisitions Tax Consolidation Act 2003], the power to make a disposition of that interest.

• (5) In this Act—

• (a) a reference to a Part, section or Schedule is a reference to a Part or section of, or a Schedule to, this Act unless it is indicated that reference to some other provision is intended, and

• (b) a reference to a subsection, paragraph, subparagraph, clause or subclause is a reference to a subsection, paragraph, subparagraph, clause or subclause of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended, and

• (c) a reference to any enactment shall be construed as a reference to that enactment as amended, adapted or extended by or under any subsequent enactment.

3. Regulations.

3.—(1) Subject to subsection (3), the Minister may—

• (a) by regulations provide for any matter referred to in this Act as prescribed or to be prescribed, and

• (b) make regulations generally for the purpose of giving effect to this Act and, if in any respect any difficulty arises during the period of two years after the commencement of this section in bringing into operation this Act, by regulations do anything which appears to be necessary or expedient for bringing this Act into operation.

• (2) Regulations under this section may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the regulations.

• (3) The Minister may prescribe—

• (a) for the purposes of the definition of “designated directorship” in section 2, a directorship of a public body, or

• (b) for the purposes of the definition of “designated position” in section 2, a position of employment in a public body,

if, but only if, he or she considers that it is necessary in the public interest to do so in order to ensure, in a case in which, in the opinion of the Minister, a conflict could arise between an interest referred to in section 17 or, as the case may be, section 18 and the public interest in the performance of a function of such a directorship or position, that the function will not be performed without the disclosure of the first-mentioned interest.

• (4) Before making regulations in relation to a matter referred to in subsection (3), the Minister shall consult with such other Ministers of the Government (if any) as he or she considers appropriate.

• (5)
• (a) The Minister may, by regulations under this section, vary, having regard to any change in the value of money occurring after the passing of this Act, any monetary amount specified in this Act (other than sections 37 and 38).

• (b) If, on any amendment of the law relating to elections, it appears to the Minister to be expedient—

• (i) to amend section 2 (1) for the purpose of assimilating “commercial price” to any definition of “commercial price” in that law, or

• (ii) to amend section 15 (7) for the purpose of assimilating the definition of “donation” to any definition of “donation” in that law,

the Minister may for those purposes by regulations amend the definition mentioned first in subparagraph (i) or, as may be appropriate, the definition mentioned first in subparagraph (ii).

• (c) Where regulations under this subsection are proposed to be made, a draft of the regulations shall be laid before each House and the regulations shall not be made until a resolution approving of the draft has been passed by each House.

• (6) Every regulation under this Act (other than subsection (5)) shall be laid before each House as soon as may be after it is made and, if a resolution annulling the regulation is passed by either House within the next 21 days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

4. Expenses.

4.—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.

PART II Members

5. Statements of members' registrable interests for Clerks.

5.—(1) Subject to subsection (3), a person who is a member on a registration date shall, F5[not later than the following 31 January, prepare and furnish to the Commission] a statement in writing, in such form as may be determined by the Clerk after consultation with the Committee and the Commission or in a form to the like effect, of his or her registrable interests and containing appropriate information in relation to such matters (if any) respecting those interests as may be specified in the first-mentioned form, being registrable interests of the member—

• (a) if the person is a member on the first registration date, at any time during the period from the passing of this Act to that date, and

• (b) if the person is a member on a subsequent registration date, at any time when he or she was a member during the period between that registration date and the last previous registration date.

• (2) Where a person who is a member on a registration date did not have a registrable interest at any time during the appropriate period specified in subsection (1), he or she shall, F6[not later than the following 31 January], prepare and furnish to the F7[Commission] a statement in writing of that fact.

• (3) It shall not be necessary to specify in a statement under this section the amount or monetary value of any interest or the remuneration of any trade, profession, employment, vocation or other occupation included in the statement.

• F8[(3A)
• (a) Where either House is dissolved during the period of 30 days from a registration date, a person who was a member on that date may request the first Committee appointed after the general election for members of that House following that dissolution to give him or her advice under section 12 in relation to this section and, if a member does so—

• (i) he or she shall furnish to the Clerk, with his or her statement under subsection (1) or (2) in relation to that registration date, a statement in writing to the effect that he or she has made the request aforesaid,

• (ii) the member may, not later than 21 days after the receipt of the advice from the Committee, prepare and furnish to the Clerk a statement in writing of any alterations to his or her statement under subsection (1) or (2) falling to be made by virtue of the advice, and

• (iii) section 6(4) shall apply to a statement under this subsection as it applies to a statement furnished to the Clerk under paragraph (a), (b) or (c) of section 29(1).]

6. The Register.

6.—(1) As soon as may be after a registration date, each Clerk shall, as respects that date, establish a register (which shall be known as the Register of Interests of Members of Dáil Éireann or the Register of Interests of Members of Seanad Éireann, as may be appropriate, followed, in each case, by a reference to the year in which the registration date concerned occurs).

• (2) When a statement is furnished to a Clerk under subsection (1) or (2) of section 5—

• (a) he or she shall, within 60 days after the registration date to which it relates or as soon as may be thereafter, enter it or a copy of it in the register established as respects that date by that Clerk under subsection (1), and

• (b) if the statement is that of a Minister of the Government or a Minister of State, furnish a copy of it to the Taoiseach, as soon as may be.

• (3) Each Clerk shall, within 60 days after each registration date or as soon as may be thereafter, furnish to the Commission and cause to be laid before Dáil Éireann or Seanad Éireann, as may be appropriate, and published in Iris Oifigiúil a copy of the register established by him or her under subsection (1) in relation to that registration date.

• (4)
• (a) Each Clerk may correct errors in the register established by that Clerk or amend such a register to take account of statements furnished to him or her under F9[paragraphs (a), (b) and (c) of]section 29 (1) in so far as they relate to registrable interests.

• (b) A Clerk shall, as soon as may be after the correction of an error under paragraph (a) or the receipt by him or her of a statement referred to in paragraph (a)—

• (i) cause a statement of the correction or a copy of the statement referred to in paragraph (a), as the case may be, to be laid before the House and published in Iris Oifigiúil, and

• (ii) F10[in the case of the statement of the correction, if it] relates to a Minister or Minister of State, furnish a copy of it to the Taoiseach.

7. Declarations of interest by members in Oireachtas proceedings.

7.—(1) This section applies to proceedings in each House, a committee of either House or a joint committee of both Houses.

• (2) A member who proposes to speak or vote in proceedings to which this section applies and who has actual knowledge that he or she or a connected person has a material interest in the subject matter of the proceedings shall—

• (a) if he or she proposes to speak in the proceedings, make a declaration of the fact aforesaid in the proceedings before or during his or her speech, and

• (b) if he or she proposes to vote, but does not speak, in the proceedings, make the declaration aforesaid in writing and furnish it before voting to the Clerk, or the clerk to the committee, concerned, as may be appropriate.

• F11[(2A) A member referred to in subsection (2) who requests the Committee to give him or her advice under section 12(1)(b) in relation to this section and who does not receive the advice before the speech or vote concerned shall—

• (a) if it is a case to which paragraph (a) of subsection (2) applies, make a declaration of the fact of the request in the proceedings concerned before or during that speech and, upon receipt of the advice, as soon as may be, make a declaration in writing of the advice and furnish it to the clerk, or the clerk to the committee, concerned, as may be appropriate, and

• (b) if it is a case to which paragraph (b) of subsection (2) applies, make the first-mentioned declaration aforesaid in writing and furnish it before voting to the Clerk, or the clerk to the committee, concerned, as may be appropriate and, upon receipt of the advice, as soon as may be, make a declaration in writing of the advice and furnish it to the Clerk, or the clerk to the committee concerned, as may be appropriate,

and subsection (5) shall apply to a declaration under this subsection as it applies to a declaration under subsection (2) with the modification that paragraph (b) shall be construed as providing for the laying of a copy of a declaration under this subsection before the House in lieu of publishing it in accordance with that paragraph.]

• (3) For the purposes of subsection (2), a person (being a member or a connected person) has a material interest in the subject matter of proceedings if the consequence or effect of any decision by the House or the committee or joint committee concerned, or by the Government or an office holder, concerning that matter may be to confer on or withhold from the person a significant benefit F12[or impose on the 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 person is a member.

• (4) Subsection (2) does not apply to an interest of a member that is included in a statement which or a copy of which has been laid before the House under section 6.

• (5) A declaration under subsection (2) shall—

• (a) in case an official report of the proceedings concerned is published, be included in the report, and

• (b) in case such a report is not published, be published in such manner as the Clerk, or the clerk to the committee, concerned may direct.

8. Appointment of, and complaints to, Committees.

8.—(1) Each House shall as soon as may be after the commencement of this section and, thereafter, as soon as may be after the first meeting of that House subsequent to a general election for members of that House appoint a select committee which shall be known—

• (a) in the case of the committee appointed by Dáil Éireann as the Committee on Members' Interests of Dáil Éireann, and

• (b) in the case of the committee appointed by Seanad Éireann, as the Committee on Members' Interests of Seanad Éireann,

to perform the functions conferred on it by this Act.

• F13[(1A) Notwithstanding subsection (1), a House may by resolution change the name of the committee appointed by it under this section to another name, and whenever the name of such a committee is so changed, references in this Act to the first-mentioned name shall be construed as references to that other name.]

• (2) A person (other than a member) who considers that a member (other than a member who is or, at the relevant time, was an office holder) may have contravened section 5 or 7 F14[or done a specified act] may make a complaint in writing in relation to the matter to the Clerk and, subject to subsection (3), the Clerk shall refer the matter to the Committee and shall furnish a copy of the complaint to the Committee.

• (3) The Clerk concerned shall consider a complaint under subsection (2) and, if the Clerk is of opinion that it is frivolous or vexatious F15[or that there is not sufficient evidence to establish a prima facie case in relation to the complaint], he or she—

• (a) shall not refer it to the Committee, and

• (b) shall prepare a statement in writing of the reasons for his or her opinion and furnish a copy of it to—

• (i) the person who made the complaint,

• (ii) the member concerned, and

• (iii) the Committee.

• (4) A member who considers that a member (other than a member who is or, at the relevant time, was an office holder) may have contravened section 5 or 7 F16[or done a specified act] may make a complaint in writing in relation to the matter to the Committee F17[…].

• (5) A complaint may not be made under this section in respect of a person who has ceased to be a member.

• F18[(6) The functions of the Clerk of Dáil Éireann under this section may be performed by the Clerk-Assistant of Dáil Éireann during any period when—

• (a) the Clerk of Dáil Éireann is, by reason of illness or otherwise, unable to perform those functions, or

• (b) the office of Clerk of Dáil Éireann is vacant.

• (7) The functions of the Clerk of Seanad Éireann under this section may be performed by the Clerk-Assistant of Seanad Éireann during any period when—

• (a) the Clerk of Seanad Éireann is, by reason of illness or otherwise, unable to perform those functions, or

• (b) the office of Clerk of Seanad Éireann is vacant.]

9. Investigations by Committees.

9.—(1) Where a complaint is referred or made to a Committee under section 8 F19[or section 4 of the Act of 2001], or a Committee considers it appropriate to do so in the case of a member (other than a member who is or, at the relevant time, was an office holder), it shall carry out an investigation to determine whether the member concerned has contravened section 5 or 7 F19[ or done a specified act], as the case may be.

• F20[(2) Where a Committee, either during or at the conclusion of an investigation under this section in relation to section 5 or 7, becomes of opinion that the member the subject of the investigation has not contravened that section but may have contravened the other section or done a specified act, it may carry out an investigation under this section to determine whether the person has contravened that other section or done the specified act.]

• F21[(2A) Where a Committee, either during or at the conclusion of an investigation under this section in relation to a specified act, becomes of opinion that the member the subject of the investigation has not done that specified act but may have done another such act or contravened section 5 or 7, it may carry out an investigation under this section to determine whether the person has done that other specified act or contravened section 5 or 7.

• (2B) If a Committee becomes of opinion that evidence sufficient to sustain a complaint referred or made to it under section 8 is not and will not be available, it may decide not to carry out, or to discontinue an investigation under this section.]

• (3) Where—

• (a) a complaint is referred or made to a Committee under [F22section 4 of the Act of 2001 or section 8], or the Committee is carrying out an investigation under this section whether following such a complaint or otherwise, and

• (b) at any time before the Committee has complied with section 10 in relation thereto, the person the subject of the complaint or investigation ceases to be a member,

then—

• (i) the Committee shall take no steps or no further steps in relation to the matter unless the person requests the Committee in writing to carry out an investigation of the matter under subsection (1) or, as the case may be, complete such an investigation, and

• (ii) if the Committee is so requested as aforesaid, it shall, subject to section 31, comply with the request.

• (4) Subject to subsection (3), a Committee shall not carry out an investigation under this section in relation to—

• (a) a person who has ceased to be a member, or

• (b) a person who is or, at the relevant time, was an office holder.

• (5) Where—

• (a) in relation to a person who is a member but is not an office holder, a complaint had been, or been deemed to be, referred or made to a Committee, or a matter that a Committee had considered it appropriate to investigate had been, or been deemed to be, otherwise before it,

• (b) following a dissolution of Dáil Éireann, the Committee has ceased to exist, and

• (c) the Committee had neither—

• (i) complied with section 10 in relation to the complaint or matter, nor

• (ii) discontinued the investigation of the complaint pursuant to section 31,

the complaint or matter shall be deemed, for the purposes of this section, to have been referred or made under section 8 to, or, as the case may be, to be before, the Committee of the House of which the person is a member, and this section shall apply and have effect accordingly in relation to the complaint or matter.

10. Reports by Committees.

10.—(1) Subject to section 31, where a Committee carries out an investigation under section 9, it shall prepare a report in writing of the results of the investigation, and—

• (a) shall furnish a copy of the report to the member concerned and, if the investigation followed a complaint under section 8, the person who made the complaint, and

• (b) if it determines that the member has contravened section 5 or 7 F23[or done a specified act], it shall cause a copy of the report to be laid before the House.

• F24[(1A) If, either during or at the conclusion of an investigation under section 9, a Committee is of opinion that the person the subject of the investigation may have committed an offence—

• (a) it shall prepare a report in writing in relation to the matter and furnish it together with any relevant document or other thing in its possession to the Director of Public Prosecutions who shall notify the Committee whether, following the receipt of the report, he or she has initiated, or caused to be initiated, proceedings for an offence in respect of any matter mentioned therein or has decided not to initiate, or cause to be initiated, any such proceedings and of the final outcome of any such proceedings (including any appeal, whether by way of case stated or otherwise, rehearing or retrial), and

• (b) it shall add to its report under subsection (1) a copy of its report under paragraph (a) and a statement of the notification or notifications aforesaid.]

• (2) A report under subsection (1) shall set out the findings of the Committee concerned together with its determination in relation to the following matters, namely—

• (a) whether there has been a contravention of section 5 or 7 by the member concerned and whether the contravention is continuing F25[or, as the case may be, whether a specified act has been done and whether the act is continuing],

• (b) in case the determination is that there has not been a contravention of section 5 or 7 F26[and that a specified act has not been done] by the member, whether the Committee is of opinion that the complaint was frivolous or vexatious or that there were no reasonable grounds for it, and

• F27[(c) in case the determination is that there has been a contravention of section 5 or 7, or that a specified act has been done, by the member—

• (i) if the determination is that the contravention or act is continuing, the steps required to be taken by him or her to secure compliance by him or her with section 5 or 7 or the cesser of the act,

• (ii) whether the contravention or act was committed or done inadvertently, negligently, recklessly or intentionally,

• (iii) whether the contravention was, in all the circumstances, a serious or minor contravention, and

• (iv) whether the member acted in good faith and in the belief that his or her action was in accordance with guidelines published or advice given in writing by a Committee under section 12,

and may refer to such matters, if any, as the Committee considers appropriate.]

• (3) Where a Committee adjourns or postpones proceedings in relation to an investigation under section 9, it may, if it considers it appropriate to do so, prepare an interim report in writing in relation to the investigation and furnish a copy thereof to the persons specified in subsection (1) (a).

11. Award of costs by Committees.

11.—(1) (a) Where, following an investigation by a Committee under section 9 of a complaint referred or made to it under section 8, the Committee determines that the complaint was frivolous or vexatious or that there has not been a contravention of section 5 or 7 F28[and that a specified act was not done] and that there were no reasonable grounds for the complaint, it may order that such amount (not exceeding £1,500) as it considers appropriate, having regard to all the circumstances, in respect of the reasonable costs and expenses incurred by any person before it (including costs and expenses in respect of legal representation) in relation to the investigation shall be paid to that person by the person who made the complaint.

• (b) Where, in relation to an investigation under section 9, amounts are ordered to be paid under paragraph (a) to more than one person, the aggregate of those amounts shall not exceed £1,500.

• (2) For the purposes of subsection (1), a Committee may measure the costs and expenses aforesaid.

• (3) Any costs or expenses ordered by a Committee under subsection (1) to be paid by a person may be recovered from that person by the person to whom they are ordered to be paid as a simple contract debt in any court of competent jurisdiction.

12. Guidelines and advice from Committees.

12.—(1) A Committee—

• (a) shall, after consultation with the Commission and the other Committee, from time to time draw up and publish to members guidelines concerning the steps to be taken by members to ensure compliance by them with [F29section 4(1)(a) of the Act of 2001 and with] this Act generally and, in particular, with sections 5 and 7, and

• (b) may, at the request of a member, give advice to the member in relation to any provision of this Act or as to the application, in relation to any particular case, of F30[the said section 4(1)(a) or]section 5 or 7.

• F31[(1A) Guidelines drawn up and published under subsection (1) by a Committee of either House—

• (a) subject to paragraph (b), shall remain in force until revoked, by guidelines drawn up and published under that subsection by that Committee or by a Committee appointed by the members of that House under section 8 after a subsequent general election for members of that House replacing the first-mentioned guidelines or amending other guidelines under that section, and

• (b) may be amended by guidelines under that subsection drawn up and published by a Committee specified in paragraph (a).

• (1B) A document purporting to be guidelines under subsection (1) shall be taken, unless the contrary is shown, to be such guidelines and shall be admissible in any proceedings before a court or other tribunal or a Committee or the Commission, and any provision of any such guidelines that appears to the tribunal, the Committee or the Commission to be relevant to a question in the proceedings may be taken into account by it in determining the question.]

• (2) When a request is made under subsection (1) (b) in relation to a particular case, the section concerned of this Act shall not, as respects the member who made the request, apply in relation to that case during the period from the making of the request to the time when advice is given by a Committee in relation to the case or it declines to give such advice.

• (3) A Committee shall, within 21 days of the receipt by it of a request for advice under subsection (1) (b), furnish the advice to the member concerned or notify him or her of its decision to decline to do so.

• (4) A person shall act in accordance with guidelines and advice published or given to the person under this section unless, by so doing, the act concerned would constitute a contravention of another provision of this Act.

• (5) In this section “member” does not include a member who is an office holder.

PART III Office Holders

13. Statements of office holders' additional interests for Clerks.

13.—(1) A person who is an office holder on a registration date F32[or ceases to be an office holder before a registration date] shall prepare a statement in writing, in such form as may be determined by the Minister or in a form to the like effect, of his or her additional interests (if any) and containing appropriate information in relation to such matters (if any) respecting those interests as may be specified in the first-mentioned form, being additional interests of the person—

• (a) if the person is an office holder on the first registration date, at any time during the period from the passing of this Act to that date, and

• F33[(b) if the person is an office holder on a subsequent registration date or ceased to be an office holder before such a date but after the last previous registration date, at any time when he was an office holder during the period between the first-mentioned date and the last previous registration date or, as the case may be, between the first-mentioned date and the date of the cesser.]

• (2) It shall not be necessary to specify in a statement under subsection (1) the amount or monetary value of any additional interest or the remuneration of any trade, profession, employment, vocation or other occupation included in the statement.

• (3) The Clerk shall, as soon as may be after the receipt by him or her of a statement under subsection (1), furnish a copy thereof to the Commission and (if it is a statement of a Minister of the Government or a Minister of State) the Taoiseach.

• (4) A statement under this section of a person who is an office holder on any registration date shall be furnished by the person to the Clerk F34[not later than the following 31 January].

• (5) In this section “additional interest”, in relation to an office holder, means any interest specified in the Second Schedule of which the office holder has actual knowledge of—

• (a) the spouse F35[or civil partner] of the office holder, or

• (b) a child of the office holder or of his or her spouse F35[or civil partner],

which could materially influence the office holder in or in relation to the performance of the functions of his or her office by reason of the fact that such performance could so affect those interests as to confer on or withhold from the office holder or the spouse F35[or civil partner] or child a substantial benefit.

14. Statements of interest by office holders in relation to the performance of certain functions.

14.—(1) An office holder who proposes to perform a function of his or her office and who has actual knowledge that—

• (a) he or she or a connected person or another office holder, or

• (b) a person who is specified in a statement under subsection (2) furnished to the office holder by another office holder and who is, in relation to that other office holder, a connected person,

has a material interest in a matter to which the function relates shall, before or, if that is not reasonably practicable, as soon as may be after such performance, prepare and furnish—

• (i) in the case of the Taoiseach, to the chairman of the Commission,

• (ii) in the case of any other Minister of the Government or a Minister of State, to the Taoiseach and the Commission, and

• (iii) in the case of any other office holder, to the Commission,

a statement in writing of those facts and of the nature of the interest.

• (2) Where an office holder or a person acting on behalf of an office holder proposes to make a request to another office holder (“the second holder”) in relation to the performance of a function by the second holder and the office holder by or on whose behalf the request is made (“the first holder”) has actual knowledge that he or she or a connected person has a material interest in a matter to which the function relates, the first holder shall, before or at the time of the making of the request, furnish to the second holder a statement in writing of those facts and of the nature of the interest.

• (3) Where the knowledge or belief of an office holder that—

• (a) another office holder who is a member of the Government, or

• (b) a person who in relation to that other F36[office holder] is a connected person,

has a material interest in a matter to which a function of the Government relates derives solely from information in a statement made by that other office holder at or for the purposes of a meeting of the Government, subsection (1) shall not, as respects that interest, apply to the first-mentioned office holder, but the Taoiseach shall, before or as soon as may be after the performance of the function, cause a statement in writing in relation to that interest to be prepared and furnished to the Commission.

• (4) References in this section to the performance of a function of the office of an office holder are references to the performance of the function by the office holder personally or by another person in pursuance of a direction given to the person, in relation to the particular matter concerned, by the office holder personally or a person acting on behalf of and with the personal knowledge of the office holder.

15. Gifts to office holders.

15.—(1) Subject to the provisions of this section, where a gift the value of which exceeds F37[€650] is given to an office holder by virtue of his or her office—

• (a) the property the subject of the gift shall be deemed to be a gift given to the State and shall vest in the Minister,

• (b) the office holder shall, as soon as may be, inform the Secretary to the Government of the gift and shall retain custody of the property on behalf of the State until arrangements are made in relation thereto under paragraph (c) and the office holder shall dispose of the property in accordance with those arrangements when so directed by the Secretary to the Government, and

• (c) the Secretary to the Government shall arrange, in accordance with the general directions of the Government, for—

• (i) custody of the property by or on behalf of the State (including the giving of it on loan to a person), or

• (ii) its disposal, whether by sale or gift,

and shall dispose, in accordance with those general directions, of any proceeds of such a loan or sale (including by their payment into the Exchequer or disposal for charitable purposes).

• (2) For the purposes of subsection (1), a gift given to—

• (a) an office holder,

• (b) the spouse F38[or civil partner] of an office holder, or

• (c) a child of an office holder or of his or her spouse,

is given to the office holder by virtue of his or her office unless the gift is given—

• (i) as a donation, or

• (ii) by a friend or relative F39[or civil partner] of the recipient and for personal reasons only, or

• (iii) by virtue of an office (other than that by reference to which a person is an office holder) or position held or the status enjoyed by the recipient.

• (3) The Secretary to the Government shall, in accordance with the general directions of the Government—

• (a) determine, for the purposes of subsection (1), the value of property the subject of a gift given to an office holder by virtue of his or her office, and

• (b) determine, for the purposes of subsections (1) and (2), the question whether a gift is given to an office holder by virtue of his or her office,

if there is a doubt in relation to the value aforesaid or, as the case may be, the question aforesaid.

• (4)
• (a) Subject to paragraphs (b) and (c), the Government shall draw up and publish to office holders guidelines concerning the steps to be taken by an office holder if—

• (i) he or she, or

• (ii) the spouse F40[or civil partner] of the office holder, or

• (iii) a child of the office holder or of his or her spouse,

is offered or supplied with—

• (I) property or a service at a price that is less than the commercial price of the property or service, as the case may be,

• (II) a loan of property free of charge or for a consideration that is less than the commercial consideration for the loan, or

• (III) a service free of charge.

• (b) Paragraph (a) does not apply to property, a loan of property or a service—

• (i) offered or supplied—

• (I) as a donation,

• (II) by a friend or relative of the person to whom the offer or supply is made and for personal reasons only,

• (III) by virtue of an office (other than one by reference to which a person is an office holder) or position held or status enjoyed by the person to whom it is offered or supplied,

or

• (ii) the offer or supply of which is not intended or calculated to confer, and does not confer, directly or indirectly, a benefit on the office holder concerned.

• (c) The Government shall cause a draft of any proposed guidelines under paragraph (a) to be given to the Commission and shall, before drawing up the guidelines, consider any submissions made to them by the Commission in relation to the draft.

• (d) Office holders shall act in accordance with guidelines published to them under this subsection.

• (5) Where, for any reason, the Secretary to the Government is unable to perform his or her functions under this section or the position of Secretary to the Government is vacant, those functions may be performed by such other person as the Taoiseach may determine.

• (6) Section 19 (2) of the State Property Act, 1954, shall not apply to a gift to which this section applies but where land vests in the Minister by virtue of subsection (1), the land shall become and be State land for the purposes of that Act and may be dealt with accordingly.

• (7) In this section, “donation” means a contribution for political purposes.

PART IV The Public Service

16. Statements by Attorney General.

16.—(1) A person who holds or held the office of Attorney General—

• (a) shall, subject to section 20 (3), in each year during any part of which he holds or held that office prepare and furnish to the Taoiseach and the Commission a statement in writing of—

• (i) the interests of the person, and

• (ii) the interests of which he or she has actual knowledge of his or her spouse F41[or civil partner] or a child of the person or of his or her spouse,

during the appropriate period specified in section 20 (1) which could materially influence the person in or in relation to the performance of the functions of that office by reason of the fact that such performance could so affect those interests as to confer on or withhold from the person or the F42[spouse or civil partner or child a substantial benefit], and

• (b) in any case where such a function falls to be performed and he or she has actual knowledge that he or she or a connected person has a material interest in a matter to which the function relates shall, before or as soon as may be after such performance, prepare and furnish to the Taoiseach and the Commission a statement in writing of those facts and of the nature of the interest.

• (2)
• F43[(a) Section 20 shall apply to a statement under subsection (1)(a) with the modifications that the references in that section to section 19(3)(a)(i) shall be construed as references to subsection (1)(a), the references to the special advisership shall be construed as references to the office of Attorney General and with any other necessary adaptations.]

• (b) Subsection (2) of section 29 shall apply to the interests specified in subsection (1) (a) and to a person who holds the office of Attorney General as if the references in that subsection to sections 17 (1) (a), 18 (2) (a) and 19 (3) (a) (i) included references to subsection (1) (a) and with any other necessary adaptations.

• (3) References in this section to the performance of a function of the office of Attorney General are references to the performance of the function by the holder of that office personally or by another person in pursuance of a direction given to the person, in relation to the particular matter concerned, by such holder personally or a person acting on behalf of and with the personal knowledge of such holder.

• (4) Where a person who holds the office of Attorney General is a member—

• (a) paragraph (a) of subsection (1) shall not apply to the person as respects the interests, during the period of the person's membership, of the persons specified in that paragraph, and

• (b) paragraph (b) of that subsection shall not apply to the person during the period of the person's membership.

17. Designated directorships.

17.—(1) A person who holds or held a designated directorship of a public body specified in subparagraphs (8) to (12), or standing prescribed under subparagraph (13), of paragraph 1 of the First Schedule—

• (a) shall, subject to section 20 (3), in each year during any part of which he or she holds or held the directorship, prepare and furnish to the Commission and to such officer of the body as may be determined by the Minister a statement in writing of—

• (i) the interests of the person, and

• (ii) the interests of which he or she has actual knowledge of his or her spouse F44[or civil partner] or a child of the person or of his or her spouse F44[or civil partner],

during the appropriate period specified in section 20 (1) which could materially influence the person in or in relation to the performance of the functions of the directorship by reason of the fact that such performance could so affect those interests as to confer on or withhold from the person or the F45[spouse or civil partner or child a substantial benefit], and

• (b) in any case where such a function, or a function of any other office or position held by the person in that public body, falls to be performed and he or she has actual knowledge that he or she or a connected person has a material interest in a matter to which the function relates—

• (i) shall, as soon as may be, prepare and furnish to the other directors of the body a statement in writing of those facts,

• (ii) shall not perform the function unless there are compelling reasons requiring him or her to do so, and

• (iii) shall, if he or she proposes to perform the function, prepare and furnish to the other directors of the body and to the Commission, before or, if that is not reasonably practicable, as soon as may be after such performance, a statement in writing of the compelling reasons aforesaid.

• (2) There shall be deemed to be included in the terms on which a person holds a designated directorship referred to in subsection (1) a term that the person shall comply with that subsection.

18. Designated positions of employment.

18.—(1) In this section “relevant authority”, in relation to a person who occupies or occupied a designated position in a public body, means such person or persons as may stand determined for the time being by the Minister in relation to the position.

• (2) A person who occupies or occupied a designated position in a public body—

• (a) shall, subject to section 20 (3), in each year during any part of which he or she occupies or occupied the position, prepare and furnish to the relevant authority for the position a statement in writing of—

• (i) the interests of the person, and

• (ii) the interests of which he or she has actual knowledge of his or her spouse F46[or civil partner] or a child of the person or of his or her spouse,

during the appropriate period specified in section 20 (1) which could materially influence the person in or in relation to the performance of the functions of the position by reason of the fact that such performance could so affect those interests as to confer on or withhold from the person or the F47[spouse or civil partner or child a substantial benefit], and

• (b) in any case where such a function falls to be performed and he or she has actual knowledge that he or she or a connected person has a material interest in a matter to which the function relates—

• (i) shall, as soon as may be, prepare and furnish to the relevant authority a statement in writing of those facts,

• (ii) shall not perform the function unless there are compelling reasons requiring him or her to do so, and

• (iii) shall, if he or she proposes to perform the function, prepare and furnish to the relevant authority, before or, if that is not reasonably practicable, as soon as may be after such performance, a statement in writing of the compelling reasons aforesaid.

• (3)
• (a) A person who, during any period, holds or held or occupies or occupied an office or position specified in paragraph (b) shall be deemed for the purposes of this Act to be a person who, during that period, occupies or occupied a designated position in a public body.

• (b) The offices and positions referred to in paragraph (a) are—

• (i) the office of Comptroller and Auditor General,

• (ii) the office of Ombudsman,

• (iii) the office of Data Protection Commissioner,

• (iv) the office of Director of Consumer Affairs, and

• (v) such other (if any) offices or positions (other than the office of judge of any court) established by or under statute as may (if, but only if, the Minister considers it necessary in the public interest to do so) be prescribed.

• (c) Subsection (4) shall not apply to a person who holds or held an office specified in subparagraphs (i) to (iv) of paragraph (b).

• (4) There shall be deemed to be included in the terms of the employment of a person in a designated position referred to in subsection (2) a term that the person shall comply with that subsection.

19. Special advisers.

19.—(1) In this section “special adviser” means a person who—

• (a) occupies or occupied F48[a position to which section 7(1)(e) of the Public Service Management (Recruitment and Appointments) Act 2004 relates], having been selected for appointment to that position by an office holder personally otherwise than by means of a competitive procedure, or

• (b) is or was employed under a contract for services by an office holder, having been selected for the award of the contract by an office holder personally otherwise than by means of a competitive procedure,

and whose function or principal function as such a person is or was to provide advice or other assistance to or for the office holder.

• (2) The period for which a person acting as a special adviser occupies the excluded position concerned or is employed under the contract for services concerned shall end not later than the date on which the office holder to whom he or she is acting as a special adviser ceases to hold the office by reference to which he or she is an office holder.

• (3)
• (a) If the remuneration of a person as a special adviser exceeds a prescribed amount, then—

• (i) subject to section 20 (3), in each year during any part of which the person is a special adviser, he or she shall prepare and furnish to the office holder concerned and the Commission a statement in writing of—

• (I) the interests of the person, and

• (II) the interests of which he or she has actual knowledge of his or her spouse F49[or civil partner] or a child of the person or of his or her spouse F49[or civil partner],

during the appropriate period specified in section 20 (1) which could materially influence the person in or in relation to the performance of his or her functions as a special adviser by reason of the fact that such performance could so affect those interests as to confer on or withhold from the person or the F50[spouse or civil partner or child a substantial benefit],

• (ii) in any case where such a function falls to be performed and he or she has knowledge that he or she or a connected person has a material interest in a matter to which the function relates, he or she—

• (I) shall, as soon as may be, prepare and furnish to the office holder and to the Commission a statement in writing of those facts,

• (II) shall not perform the function unless there are compelling reasons requiring him or her to do so, and

• (III) shall, if he or she proposes to perform the function, prepare and furnish to the office holder and the Commission, before or, if that is not reasonably possible, as soon as may be after such performance, a statement in writing of the compelling reasons aforesaid,

and

• (iii) the person shall undertake not to engage in any trade, profession, vocation or other occupation, whether remunerated or otherwise, which might reasonably be seen to be capable of interfering or being incompatible with the performance by the person of his or her functions as a special adviser.

• (b) Different amounts may be prescribed under paragraph (a) in relation to different categories of special adviser.

• (4) An office holder shall, in respect of a person who acts or acted as a special adviser to him or her, lay the following documents before each House of the Oireachtas, that is to say—

• (a) a copy of the contract, or a statement in writing of the terms and conditions, under which the person acts or acted as a special adviser,

• (b) a copy of any statement under subsection (3) (a) (i) of the interests of the person furnished to the office holder,

• (c) a statement as to whether the person is a relative of the office holder, and

• (d) if subsection (3) applies to the person, a statement of the qualifications of the person relevant to his or her functions as a special adviser.

• (5) F51[…]

• (6) There shall be deemed to be included in the terms on which a person who is acting as a special adviser to an office holder occupies the excluded position concerned or is employed under the contract for services concerned—

• (a) a term that the period for which the person occupies the excluded position or is employed under the contract for services shall end not later than the date on which the office holder ceases to hold the office by reference to which he or she is an office holder, and

• (b) if subsection (3) applies to the person, a term that he or she shall comply with that subsection.

• F52[(7) Subsection (4) shall be complied with not later than 60 days after the person concerned was appointed to act as a special adviser and, in case a document referred to in paragraph (b) of that subsection is furnished to the office holder concerned at any time after the expiration of the period aforesaid, not later than 60 days after that time, and such compliance shall, in a case where the office holder concerned dies or becomes incapacitated, be effected by the Taoiseach.]

20. Provisions relating to statements under sections 17 to 19.

20.—F53[(1) A statement furnished by a person under section 17(1)(a) or 18(2)(a) shall—

• (a) in case, as may be appropriate, the person was appointed to the directorship or position concerned before the date of the commencement of this Part and the statement is the first such statement so furnished by the person since that date, be in respect of the period from that date or, if it is later, the date on which, as may be appropriate, the directorship or position became a designated directorship or a designated position to the date of the statement.

• (b) in case the person was so appointed on or after the date of such commencement and the statement is the first such statement so furnished by the person since such appointment, be in respect of the period from the date of such appointment or, if it is later, the date on which, as may be appropriate, the directorship or position became a designated directorship or a designated position to the following 31 December,

• (c) in any other case, be in respect of the period beginning on the day immediately following the date of the expiration of the period to which the last previous such statement so furnished by the person related to the following 31 December or, if it is earlier, the date on which the appointment concerned ended.

• (1A) A statement furnished by a person under section 19(3)(a)(i) shall—

• (a) in case the person was appointed to the special advisership concerned before the date of the commencement of this Part and the statement is the first such statement so furnished by the person since that date, be in respect of the period from that date to the date of the statement,

• (b) in case the person was so appointed on or after the date of such commencement and the statement is the first such statement so furnished by the person since such appointment, be in respect of the period from the date of such appointment to the following 31 December, and