Ethics in Public Office Act , 1995

(2)When a request is made under subsection (1) (b) in relation to a particular case, F78[the provision concerned ofPart II, IIIorIVor of the Act of 1997] shall not, as respects the person who made the request, apply in relation to that case during the period from the making of the request to the time when advice is given by the Commission in relation to the case or it declines to give such advice.

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

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

26. Award of costs by Commission.

26.—(1)(a)Where, following an investigation by the Commission under section 23 of a complaint referred or made to it under section 22 (other than subsection (4)) F79[orsection 4of the Act of 2001], the Commission determines that the complaint was frivolous or vexatious or that there has not been a contravention of Part II, III or IV F79[or the Act of 1997 or that a specified act was not done] and that there were no reasonable grounds for the complaint, it may order that such amounts (not exceeding £1,500) as it considers appropriate, having regard to all the circumstances, in respect of the reasonable costs and expenses incurred by any person before it (including costs and expenses incurred by such a person in respect of legal representation) in relation to the investigation shall be paid to that person by the person who made the complaint.

(b)Where, in relation to an investigation under section 23, amounts are ordered to be paid under paragraph (a) to more than one person, the aggregate of those amounts shall not exceed £1,500.

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

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

27. Annual and special reports by Commission.

27.—(1)The Commission—

(a)shall, not later than 6 months after the end of each year, prepare a report on its activities in that year, and

(b)may prepare such other reports for the Minister as it considers appropriate.

(2)(a)The Commission shall furnish a copy of a report under subsection (1) (a) to the Minister not later than 6 months after the end of the year to which it relates and the Minister shall, not later than two months after the receipt of the report, cause a copy thereof to be laid before each House.

(b)The Minister may, if he or she considers it appropriate to do so, cause a copy of a report under subsection (1) (b) to be laid before each House.

(3)In this section “report” does not include a report under section 24.

PART VI Miscellaneous

28. Action by Houses where reports laid before them.

28.—(1)Where a copy of a report of a Committee or a copy of a report of the Commission furnished to a Committee is laid before either House, the Committee may, if it considers it appropriate, having regard to all the circumstances of the case, to do so F80[and shall, if the copy is furnished to it pursuant tosection 21(4) or 23(2) of the Act of 2001], cause a motion to be moved in that House for a resolution that such action or actions specified in subsection (2) as may be specified in the resolution and is or are reasonable in all the circumstances be taken by that House in relation to the matter.

(2)The actions referred to in subsection (1) are—

(a)the taking note by the House concerned of the report of the Committee, or the report of the Commission, concerned,

(b)the censuring of the office holder or other member concerned by the House,

(c)the suspension of the office holder or other member concerned from the service of the House—

(i)for such period not exceeding 30 days on which the House shall have sat as may be specified in the resolution concerned, and

F81[(ii) in addition—

(I) if the report aforesaid includes a determination that the office holder or other member is continuing to contravene this Act or that the specified act concerned is continuing and the Committee is satisfied that the contravention or act has continued up to the date of the motion for the resolution concerned undersubsection (1), or

(II) if the Committee is satisfied, in a case to which section 25 of the Act of 2001 applies, that the office holder or other member concerned has not, up to the date aforesaid, complied withsection 21or 23, as may be appropriate,

until such time (if any) after the expiration of the period specified pursuant tosubparagraph (i)in the resolution as he or she takes the steps specified in the resolution (being the steps specified in the report) to secure compliance by him or her with this Act or the cesser of the act or, as the case may be, the office holder or other member furnishes to the Commission the document specified insection 21or 23, as may be appropriate.]

F82[(2A)(a) Notwithstandingsubsection (4), where the action specified in a motion for a resolution undersubsection (1)is or includes that specified insubsection (2)(c), it may also, subject to compliance with the conditions specified inparagraph (b), include the withholding from the office holder or other member concerned of so much of the annual sum by way of salary payable to him or her under theOireachtas (Allowances to Members) Act, 1938, as may be specified in the resolution.

(b) The conditions referred to inparagraph (a)are:

(i) that the Committee concerned is of opinion that the act or contravention to which the motion relates was done or made intentionally and was of a grave nature,

(ii) that the withholding is reasonable in all the circumstances,

(iii) that the amount of the annual sum specified in the resolution does not exceed the amount thereof payable in respect of the period of suspension from the service of the House concerned specified in the resolution.]

(3)Where a report referred to in subsection (1), a copy of which has been laid before either House, includes a determination that the office holder or other member concerned acted in good faith and in the belief that his or her action was in accordance with guidelines published or advice given in writing under section 12 or, as the case may be, section 25, a Committee shall not recommend that the action specified in paragraph (b) or (c) of subsection (2) be taken by the House.

(4)The action referred to in subsection (2) (c) shall not affect either the amount of or the payment of any allowance or annual or other sum to which the office holder or other member concerned would, but for such action, be entitled under the Oireachtas (Allowances to Members) Act, 1938, Part III of the Ministerial and Parliamentary Offices Act, 1938, or section 3 of the Oireachtas (Allowances to Members) and Ministerial and Parliamentary Offices (Amendment) Act, 1992.

29. Statements of interests outside periods specified in sections 5, 13 and 20.

29.—(1)(a)Where the registrable interests or the additional interests of a person change, the person may at any time furnish a statement in writing of the changes to the Clerk.

(b)Where a person fails to comply with section 5 or 13, the person may at any time furnish to the Clerk a statement in writing of the registrable interest or additional interest concerned.

(c)Where a person is advised under section 12 or 25 or it appears from guidelines published under either of those sections that an interest of the person is a registrable interest or an additional interest, the person shall, as soon as may be after the receipt of the advice or, as the case may be, the publication of the guidelines, prepare and furnish to the Clerk a statement in writing of the additional interest or registrable interest.

(d)Where a person becomes a member or an office holder after a registration date, he may, at any time before the next registration date, furnish to the Clerk a statement in writing of his or her registrable interests and, (in the case of an office holder) his or her additional interests.

F83[(e) When the Clerk receives a statement underparagraph (a), (b), (c)or(d)orsection 30or corrects an error in or amends a register established by him or her undersection 6, he or she shall—

(i) in the case of a statement underparagraph (a), (b), (c)or(d)relating to an additional interest, furnish a copy of it to the Commission and (if it is a statement of a Minister of the Government or a Minister of State) the Taoiseach,

(ii) in the case of a statement undersection 30, furnish a copy of it to the Commission,

(iii) in the case of a correction or amendment, notify the Commission of it.]

(2)(a)Where the interests specified in section 17 (1) (a), 18 (2) (a) or 19 (3) (a) (i) of a person to whom that section F84[applies or of the spouse or civil partner of such a person] or of a child either of such a person or of the spouse of such a person change the person may at any time furnish a statement in writing of the change to the person or persons to whom statements under that provision are required to be furnished.

(b)Where a person fails to comply with section 17 (1) (a), 18 (2) (a) or 19 (3) (a) (i), the person may at any time furnish a statement in writing of the interests concerned to the person or persons to whom statements under that provision are required to be furnished.

(c)Where a person to whom section 17 (1) (a), 18 (2) (a) or 19 (3) (a) (i) applies is advised under section 25 or it appears from guidelines published under section 25 that an interest of the person or F84[an interest of his or her spouse or civil partner] or a child of the person or of his or her spouse is an interest to which section 17 (1) (a), 18 (2) (a) or 19 (3) (a) (i), as the case may be, applies, the person shall, as soon as may be after the receipt of the advice or, as the case may be, the publication of the guidelines, prepare and furnish to the person or persons to whom statements under that provision are required to be furnished a statement of the interest.

(3)A statement under this section (other than a statement indicating the cesser or disposal of an interest) shall be in a form determined under section 5 (1), 13 (1) or 20 (2), as may be appropriate, or in a form to the like effect and shall contain appropriate information in relation to such matters (if any) respecting the interest concerned as may be specified in the appropriate form determined as aforesaid.

(4)Section 6 (4) (b) and subsection (3) shall apply to a statement of a registrable interest furnished to a Clerk in pursuance of a determination of a Committee or the Commission under section 10 (2) (c) or 24 (3) (c) and subsection (1) (e) and subsection (3) shall apply to a statement of an additional interest furnished to a Clerk in pursuance of a determination of the Commission under section 24 (3) (c).

30. Voluntary statements.

30.—Where a person to whom section 5, 13, 16, 17, 18 or 19 applies has an interest that is not specified in the Second Schedule or a person to whom section 13, 16, 17, 18 or 19 applies has actual knowledge F85[that his or her spouse or civil partner or a child] of the person or of his or her spouse has such an interest, the person may at any time prepare a statement under that section of the interest and furnish it to the person or persons to whom such a statement is required by the section to be furnished and, where such a statement is so furnished, this Act shall apply and have effect as if the interest was an interest specified in that Schedule.

31. Discontinuance of investigations.

31.—(1)A Committee may at any time discontinue an investigation under section 9 of a complaint referred or made to it under section 8 if it becomes of opinion that the complaint concerned is frivolous or vexatious.

(2)The Commission may at any time discontinue an investigation under section 23 of a complaint referred or made to it under section 22 (other than subsection (4) thereof) F86[or made to it undersection 4of the Act of 2001] if it becomes of opinion that the complaint concerned is frivolous or vexatious.

(3)If a Committee decides to discontinue an investigation under section 9, or the Commission decides to discontinue an investigation under section 23, it shall prepare and furnish to—

(a)the person who made the complaint concerned, and

(b)the person to whom it related,

a statement in writing of the reasons for its decision and, in the case of such a decision by a Committee, it shall, in addition, prepare and furnish such a statement to the Clerk.

(4)Section 11 shall apply with any necessary modifications in relation to a case where an investigation is discontinued under subsection (1) and section 26 shall apply with any necessary modifications in relation to a case where an investigation is discontinued under subsection (2).

32. Powers of Committees and Commission.

32.—(1)A Committee and the Commission shall hold sittings for the purpose of an investigation by it under this Act and at the sittings may receive submissions and such evidence as it thinks fit.

(2)The chairman of a Committee may for the purposes of the functions of the Committee and the chairman of the Commission may for the purposes of the functions of the Commission—

(a)direct in writing the person the subject of the investigation concerned to attend before the Committee or the Commission, as the case may be, on a date and at a time and place specified in the direction,

(b)direct in writing any other person whose evidence is required by the Committee or the Commission, as the case may be, to attend before the Committee or the Commission, as the case may be, on a date and at a time and place specified in the direction and there to give evidence and to produce any document or thing in his or her possession or power specified in the direction,

(c)direct any person (other than a person referred to in paragraph (a)) in attendance before the Committee or the Commission, as the case may be, to produce to the Commission or the Committee, as the case may be, any document or thing in his or her possession or power specified in the direction,

(d)direct in writing any person (other than a person referred to in paragraph (a)) to send to the Committee or the Commission, as the case may be, any document or thing in his or her possession or power specified in the direction, and

(e)give any other directions for the purpose of the proceedings concerned that appear to him or her to be reasonable and just.

(3)The reasonable expenses of witnesses directed under subsection (2) (b) to attend before a Committee or the Commission shall, subject to sections 11 and 26, be paid out of moneys provided by the Oireachtas.

(4)A person who—

(a)having been directed under subsection (2) to attend before a Committee or the Commission and, in the case of a person so directed under paragraph (b) of that subsection, having had tendered to him or her any sum in respect of the expenses of his or her attendance which a witness summoned to attend before the High Court would be entitled to have tendered to him or her, without just cause or excuse disobeys the direction,

(b)being in attendance before a Committee or the Commission pursuant to a direction under the said paragraph (b), refuses to take the oath on being required by the Committee or the Commission, as the case may be, to do so or refuses to answer any question to which the Committee or the Commission, as the case may be, may legally require an answer or to produce any document or thing in his or her possession or power legally required by the Committee or the Commission, as the case may be, to be produced by the person,

(c)fails or refuses to send to the Committee or the Commission, as the case may be, any document or thing legally required by the Committee or the Commission, as the case may be, under paragraph (d) of subsection (2) to be sent to it by the person or without just cause or excuse disobeys a direction under paragraph (d) of subsection (2), or

(d)does any other thing in relation to the proceedings before the Committee or the Commission, as the case may be, which, if done in relation to proceedings before a court by a witness in the court, would be contempt of that court,

shall be guilty of an offence.

F87[(4A) A Committee or the Commission may, for sufficient reason if it considers it appropriate to do so, arrange for the examination of a person at any place in or outside the State by, in the case of a Committee, a member of the Committee, a member of the staff of the Committee or any other person and, in the case of the Commission, by a member of the Commission, a member of the staff of the Commission or any other person and may receive, in such form as it 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 in relation to the matters aforesaid with any necessary modifications.

(4B) In relation to the matters specified insubsection (1)and(2)and, in so far as they relate to a Committee or the Commission,subsection (4A), a Committee or the Commission shall have all such powers, rights and privileges as are vested in the High Court on the occasion of an action and, in relation to the matters specified insubsection (4A), in so far as they relate to a person conducting an examination pursuant to that subsection, that person shall have all the powers, rights and privileges aforesaid.]

(5)If a person gives false evidence before a Committee or the Commission in such circumstances that, if he or she had given the evidence before a court, he or she would be guilty of perjury, he or she shall be guilty of that offence.

(6)The procedure of a Committee or the Commission in relation to an investigation by it under this Act shall, subject to the provisions of this Act, be such as shall be determined by the Committee or the Commission, as the case may be, and the Committee or the Commission, as the case may be, shall, without prejudice to the generality of the foregoing, make provision for—

(a)notifying the complainant, in the case of a complaint under section 8 or 22, and notifying the person the subject of the investigation of the date, time and place of the relevant sitting of the Committee or the Commission, as the case may be,

(b)giving the person the subject of the investigation a statement of the contravention of this Act F87[or the Act of 1997 or the specified act] alleged, the names of the witnesses whom it is proposed to call to give evidence before the Committee or the Commission, as the case may be, relating to such contravention, a copy of each statement intended to be used at the Committee or the Commission, as the case may be, and an indication in writing of the nature and source of any information relating to the matter which has come to notice in the course of the investigation of the alleged contravention which may be favourable to the person aforesaid and of which he or she may be unaware,

(c)enabling the person the subject of the investigation and, in the case of a complaint, the complainant or a person representing the complainant to be present at the relevant sitting of the Committee or the Commission, as the case may be, and enabling the person the subject of the investigation to present his or her case to the Committee or the Commission, as the case may be, in person or through a legal or other representative,

(d)enabling written statements to be admissible as evidence by the Committee or the Commission, as the case may be, with the consent of the person the subject of the investigation,

(e)enabling any signature appearing on a document produced before the Committee or the Commission, as the case may be, to be taken, in the absence of evidence to the contrary, to be that of the person whose signature it purports to be,

(f)the examination by or on behalf of the Committee or the Commission, as the case may be, and the cross-examination by or on behalf of the person the subject of the investigation concerned (on oath or otherwise as it may determine) of witnesses before the Committee or the Commission, as the case may be, called by it,

(g)the examination by or on behalf of the person the subject of the investigation and the cross-examination by or on behalf of the Committee or the Commission, as the case may be (on oath or otherwise as the Committee or the Commission, as the case may be, may determine), of witnesses before the Committee or the Commission, as the case may be, called by the person the subject of the investigation,

(h)the determination by the Committee or the Commission, as the case may be, whether evidence at the Committee or the Commission, as the case may be, should be given on oath,

(i)the administration by the chairman of the Committee or the chairman of the Commission, as the case may be, of the oath to witnesses before the Committee or the Commission, as the case may be, and

(j)the making of a sufficient record of the proceedings of the Committee or the Commission, as the case may be.

(7)A decision of a Committee or the Commission in relation to an investigation by it under this Act or any question arising in the course of such an investigation may be that of a majority of its members.

F88[(8) A person whose evidence has been, is being or is to be given before—

(a) a Committee or the Commission,

(b) an inquiry officer, or

(c) a person for the purposes of an examination by him or her pursuant tosubsection (4A),

or who produces or sends a document to a person referred to inparagraph (a), (b)or(c)or who is directed by the chairman of a Committee or the chairperson of the Commission or requested by a person referred to inparagraph (b)or(c), for the purposes referred to in that paragraph, to give evidence or produce a document to the Committee or the Commission or to the person referred to inparagraph (b)or(c)or to attend before the Committee or the Commission or the person and there to give evidence or produce a document shall be entitled to the same privileges and immunities in respect of those matters as a witness before the High Court in respect of evidence.]

(9)Sittings of a Committee or the Commission for the purposes of an investigation by it under this Act may be held in private.

(10)A Committee or the Commission may adjourn or postpone proceedings in relation to an investigation under section 9 or 23, as the case may be.

(11)The following shall be absolutely privileged:

(a)documents of the Commission, and documents of its members connected with the Commission or its functions, wherever published,

(b)reports of the Commission, wherever published,

(c)statements made in any form at meetings or sittings of the Commission by its members F89[,advisers, agents] or officials and such statements wherever published subsequently.

F90[(11A) Utterances made by a person conducting an examination pursuant tosubsection (4A), or an inquiry officer, for the purpose of the performance of his or her functions under this Act, shall be absolutely privileged and such utterances and documents prepared by those persons for the purposes of such performance shall be absolutely privileged wherever published subsequently.

(11B) Utterances made otherwise than at meetings of a Committee or the Commission of members, advisers, officials or agents of the Committee or the Commission for the purposes of the performance of their functions under this Act or the Act of 2001 shall be absolutely privileged and those utterances and documents of such advisers, officials and agents connected with a Committee or the Commission or its functions shall be absolutely privileged wherever published subsequently.]

33. Independence of Commission.

33.—The Commission and its members shall be independent in the performance of their functions under this Act F91[and the Regulation of Lobbying Act 2015].

34. Retention of statements and matters concerning legal or medical services.

34.—(1)A statement furnished under section 13, 14, 16, 17, 18, 19 or 29 and a record of any information given to the Secretary to the Government pursuant to section 15 or guidelines under that section shall be retained for a period of 15 years from the date on which it was so furnished or given and, whenever so requested by the Commission during that period, it or a copy of it shall be furnished to the Commission.

(2)Notwithstanding anything in this Act a statement prepared and furnished by a person pursuant to section 5, 13, 16, 17, 18, 19 or 29 of an interest specified in paragraph 1 (5) (b) of the Second Schedule 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) as respects whom the first-mentioned person is required by the section to furnish a statement; and the form of the statement determined under this Act shall be such as to facilitate compliance with the foregoing provision.

35. Prohibition of disclosure of information.

35.—(1)A person shall not disclose information obtained by him or her under this Act F92[or the Regulation of Lobbying Act 2015] or by being present at a sitting of a Committee or Commission held in private.

(2)Subsection (1) does not apply to—

(a)the disclosure of information in the public interest by a Minister of the Government,

(b)the disclosure of information contained in—

(i)a statement under section 13 or 14 (1) or a statement under F93[section 29(1)] in relation to an interest specified in section 13,

(ii)a statement under section 17 or 18 or a statement under section 29 (2) in relation to an interest specified in section 17 or 18, or

(iii)a statement under section 19 or a statement under section 29 (2) in relation to an interest specified in section 19,

by a person to whom the statement is furnished under this Act (“the first-mentioned person”) to—

(I)in the case of a statement referred to in subparagraph (i), such Minister of the Government,

(II)in the case of a statement referred to in subparagraph (ii), such directors of, or persons occupying positions of employment in, the public body concerned, and

(III)in the case of a statement referred to in subparagraph (iii), such persons,

as the first mentioned person considers appropriate in a case where that person is of opinion that the information is such as to show that there may exist a conflict between an interest specified in the statement, or an undisclosed interest, of the person by whom the statement is furnished as aforesaid and the public interest,

(c)the disclosure of information by a person—

(i)in the performance of his or her functions, or

(ii)in the public interest, to a Minister of the Government, the Secretary to the Government, a Committee, the Commission or a person standing determined for the time being under section 18 as a relevant authority, or

(iii) pursuant to an order of a court for the purpose of proceedings in that court, F94[…]

(d)the disclosure, by or with the consent of the person to whom the information relates, of information contained in a report of a Committee under section 10 or the Commission under section 24 that has not been laid before either F95[House, or]

F92[(e) the disclosure of information for inclusion in the Register of Lobbying in a report undersection 25of the Regulation of Lobbying Act 2015.]

(3)A person who contravenes subsection (1) shall be guilty of an offence.

36. Obligation to comply with determinations of Committees and Commission.

36.—Where a report of a Committee under section 10 or a report of the Commission under section 24 includes a determination that specified steps be taken by a person to secure compliance by the person with this Act F96[or to secure the cesser of a specified act], the person shall take those steps within the period specified therefor in the report.

37. Provisions in relation to offences.

37.—(1)A person guilty of an offence under this Act shall be liable—

(a)on summary conviction, to a fine not exceeding £1,000 or to imprisonment for a term not exceeding 6 months or to both, or

(b)on conviction on indictment, to a fine not exceeding £20,000 or to imprisonment for a term not exceeding 3 years or to both.

(2)Where an offence under this Act is committed by a body corporate and is proved to have been so committed with the consent or connivance of or to be attributable to any neglect on the part of any person, being a director, manager, secretary or other officer of the body corporate, or a person who was purporting to act in any such capacity, that person, as well as the body corporate, shall be guilty of an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.

38. Amendment of Prevention of Corruption Acts, 1889 to 1916.

38.—F97[…]