Standards in Public Office Act 2001

1. Interpretation.

1.—(1) In this Act, unless the context otherwise requires—

“the Act of 1997” means the Electoral Act, 1997;

F2["the Acts" means—

(a) the Tax Acts,

(b) theCapital Acquisitions Tax Consolidation Act 2003, and the enactments amending or extending that Act,

(c) theCapital Gains Tax Acts,

(d) theValue-Added Tax Consolidation Act 2010, and the enactments amending or extending that Act, and

(e) theFinance (Local Property Tax) Act 2012, and the enactments amending or extending that Act;]

“application statement” means a statement issued under section 25(4);

“Collector-General” means the Collector-General appointed under section 851 of the Taxes Consolidation Act, 1997;

“the Commission” means the Standards in Public Office Commission established by section 21 (as amended by this Act) of the Principal Act;

“donation” has the meaning assigned to it by Part IV of the Electoral Act, 1997;

“head”, in relation to a public body, has the meaning assigned by the Freedom of Information Act, 1997, to head, in relation to a public body (within the meaning of that Act), with any necessary modifications;

“inquiry officer” shall be construed in accordance with section 6;

“the Principal Act” means the Ethics in Public Office Act, 1995;

“senior office” means—

(a) 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 to the Principal Act, or

(b) a designated position in a public body,

in relation to which the remuneration is not less than the lowest remuneration in relation to the position of Deputy Secretary General in the Civil Service (within the meaning of the Civil Service Regulation Act, 1956);

“tax clearance certificate” means a certificate issued under section 25(1).

(2) A word or expression that is used in this Act and also in the Principal Act shall, unless the context otherwise requires, have the same meaning in this Act as it has in the Principal Act.

(3) In this Act—

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

(b) a reference to a subsection, paragraph or subparagraph is a reference to a subsection, paragraph or subparagraph 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.

2. Establishment and membership of Commission.

2.—Section 21 of the Principal Act is hereby amended by the substitution of the following subsections for subsections (1) and (2):

“(1) There is hereby established, in place of the Public Offices Commission, a commission (which shall be known as the Standards in Public Office Commission and is referred to in this Act as ‘the Commission’).

(2) The Commission shall consist of 6 members, namely—

(a) a chairperson who shall be a judge, or a former judge, of the Supreme Court or the High Court, and

(b) the following ordinary members—

(i) the Comptroller and Auditor General,

(ii) the Ombudsman,

(iii) the Clerk of Dáil Éireann,

(iv) the Clerk of Seanad Éireann, and

(v) a person who—

(I) is appointed to be such a member by the Government following resolutions passed by each House approving the proposed appointment, and

(II) is a former member of one of the Houses and is not a representative in the European Parliament.

(2A) The appointment of a person to be the chairperson of the Commission shall be made by the President on the advice of the Government following resolutions passed by each House recommending the appointment.

(2B) A person appointed to be the chairperson of the Commission—

(a) may at his or her own request be relieved of office by the President, and

(b) may be removed from office by the President but shall not be removed from office except for stated misbehaviour, incapacity or bankruptcy and then only following resolutions passed by each House calling for his or her removal.

(2C) Subject to the provisions of this section, a person appointed to be the chairperson of the Commission shall hold office for a term of 6 years and may be re-appointed to that office for a second or subsequent term.

(2D) The chairperson of the Commission (other than a chairperson who is the holder of a judicial office) shall be paid such remuneration (if any) as may be determined by the Minister.

(2E) (a) If the chairperson of the Commission notifies the Minister that he or she is for any reason temporarily unable to act as such chairperson, the Minister shall appoint such person, being a judge, or a former judge, of the Supreme Court or the High Court, as the Chief Justice may nominate for the purpose to act as such chairperson for the duration of such inability.

(b) Upon the appointment of a person pursuant to paragraph (a) to be the chairperson of the Commission, the person who is temporarily unable to act as such chairperson shall be deemed for the duration of the inability not to be the chairperson and not to be a member of the Commission.

(2F) If the person who is the chairperson of the Commission ceases (otherwise than by death or removal from office) during his or her term of office as such chairperson to be a judge of the High Court and is not a judge of the Supreme Court or so ceases to be a judge of the Supreme Court, he or she shall continue to be such chairperson until the expiration of his or her term of office.

(2G) If, after the commencement of an investigation under section 23 and before compliance by the Commission with section 24 in relation to the investigation, a person who is an ordinary member of the Commission ceases (otherwise than by death or by removal from office) to hold the office by reference to which he or she was a member of the Commission, the person shall, subject to his or her consent, continue to be a member of the Commission for the purposes of the investigation until section 24 is complied with in relation to the investigation unless the Commission determines otherwise.

(2H) An ordinary member of the Commission appointed to be such member under subsection (2)(b)(v)—

(a) shall hold office for a term of 6 years and may be re-appointed to that office for a second or subsequent term,

(b) shall cease to hold office if he or she—

(i) is nominated as a member of Seanad Éireann,

(ii) is nominated for election as a member of either House or to be a representative in the European Parliament, or

(iii) is regarded pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act, 1997, as having been elected to that Parliament,

(c) subject to the provisions of this subsection, shall hold office upon such terms and conditions (including terms and conditions relating to remuneration (if any) and allowances (if any) for expenses) as may be determined by the Minister,

(d) may resign from office by notice in writing given to the Minister and the resignation shall take effect on the date on which the Minister receives the notice,

(e) may be removed from office at any time by the Government but shall not be removed from office except for stated misbehaviour, incapacity or bankruptcy and then only following resolutions passed by each House calling for his or her removal.

(2I) Notwithstanding anything contained in the Act of 2001 or this Act, such functions of the Commission as it may determine may be performed in relation to such matter or matters as it may determine by the Commission consisting only of the chairperson of the Commission, and the Ethics in Public Office Acts, 1995 and 2001, and the Electoral Acts, 1992 to 2001, and any regulations made under section 72 of the Act of 1997 shall have effect accordingly in relation to any such determinations with any necessary modifications.

(2J) The Commission shall from time to time, but not less than twice each year, consult with the Committees in relation to the operation of this Act, the Act of 2001 and, in so far as it is relevant to the functions of the Commission and the Committees, the Electoral Act, 1997, and in relation to such (if any) other matters as they consider appropriate.”.

3. Additional functions of Commission.

3.—In addition to the functions conferred on the Commission by the Principal Act and the other sections of this Act, the Commission shall have the functions conferred on the Public Offices Commission by the Act of 1997.

4. Complaints to Commission.

4.—(1) Where a person (“the complainant”) considers that—

(a) a specified person or a person who, in relation to a specified person, is a connected person may have done an act or made an omission after the commencement of section 2 that is, or the circumstances of which are, such as to be inconsistent with the proper performance by the specified person of the functions of the office or position by reference to which he or she is such a person or with the maintenance of confidence in such performance by the general public, and the matter is one of significant public importance,

(b) a specified person may have contravened a provision of the Principal Act, or

(c) a specified person may have contravened a provision of the Act of 1997,

the complainant may make a complaint in relation to the matter to the Commission.

(2) Subsection (1) does not apply to an act or omission of a specified person or a person who, in relation to a specified person, is a connected person if it—

(a) relates to a private matter and is unrelated to the functions of the office or position by reference to which the specified person is such a person, or

(b) results from incompetence or inefficiency in the performance of, or from failure to perform, such a function, on the part of the specified person.

(3) A complaint under subsection (1) shall be in writing or in such other form as may be determined by the Minister.

(4) The Commission may request an inquiry officer to carry out a preliminary inquiry into any complaint under subsection (1) falling within paragraph (a) of that subsection unless it considers the complaint to be frivolous or vexatious.

(5) Where the subject matter of a complaint made or referred to the Commission is not, in the opinion of the Commission, of sufficient gravity to warrant investigation by the Commission, the Commission, at its discretion, either, shall not investigate it or shall refer it—

(a) in case it relates to a person who is or, at the time to which the complaint relates, was a member, to such committee of the House concerned as it considers appropriate,

(b) in case it relates to a person who is or, at the time aforesaid, was the holder of a designated directorship or any directorship, or the occupier of a designated position or any position, in a public body, to the head of the body,

(c) in case it relates to a person who is or was at the time aforesaid a special adviser, to the office holder to whom he or she is or was acting as special adviser.

(6) (a) In subsection (1), “specified person” means a person who—

(i) is or, at the time to which the complaint concerned relates, was an office holder or the holder of the office of Attorney General but not a member,

(ii) is or, at the time aforesaid, was a special adviser or held a designated directorship of, or occupied a designated position, in a public body, or

(iii) holds or occupies or, at the time aforesaid, held or occupied a directorship or a position of employment in a public body.

(b) Without prejudice to the generality of the expression “significant public importance” in subsection (1), a matter shall, if the Commission consider it appropriate to do so having regard to all the circumstances, be deemed by it, for the purposes of that subsection, to be of significant public importance if it relates to a benefit alleged to have been received by a specified person or a person who, in relation to a specified person, is a connected person and, in the opinion of the Commission, the value of the benefit was, is or might have been or be expected to be or to become not less than £10,000.

5. Immunity etc., for complainants.

5.—(1) Where a person (“the complainant”)—

(a) in good faith makes a complaint under this Act or the Principal Act to the Commission, a Committee or a Clerk, and

(b) reasonably believes that the complaint has been made to the appropriate person and is one that falls to be investigated under the Principal Act,

no cause of action shall lie against the person, and no disciplinary action shall be taken against him or her, in respect of, or of any matter arising from—

(i) the complaint,

(ii) the furnishing of information to the Commission, a Committee, a Clerk or an inquiry officer in relation to the complaint,

(iii) the performance by the Commission, a Committee, a Clerk or an inquiry officer of a function of it or of his or hers under this Act or the Principal Act in relation to the complaint.

(2) Subsection (1) does not apply to a complainant who makes a complaint referred to in that subsection knowing it to be false, misleading, frivolous or vexatious or who furnishes information to the Commission, a Committee, a Clerk or an inquiry officer that he or she knows to be false or misleading.

F3[(2A)Subsection (1)does not apply to the making of a complaint, or the furnishing of information, that is a protected disclosure within the meaning of the Protected Disclosures Act 2014.]

(3) Where an employer dismisses an employee to whom the Unfair Dismissals Act, 1977, applies and the dismissal constitutes disciplinary action taken in contravention of subsection (1) in relation to the employee, the dismissal is a dismissal deemed for the purposes of that Act, by virtue of section 6(2)(f) thereof, to be an unfair dismissal.

(4) A person who takes disciplinary action in contravention of subsection (1) in relation to another person shall be guilty of an offence and shall be liable—

(a) on summary conviction, to a fine not exceeding £1,500,

(b) on conviction on indictment, to a fine not exceeding £50,000.

(5) (a) In this section “disciplinary action” means an act—

(i) that is done in relation to a complainant, whether as respects the employment of the complainant or otherwise, and

(ii) that is wholly or mainly intended as punishment or retaliation for the complaint concerned, a matter referred to in subsection (1) or an action referred to in paragraph (ii) or (iii) of that subsection.

(b) Where an act referred to in paragraph (a) is done by a person acting at the instigation, or on behalf, of the person the subject of a complaint referred to in subsection (1), both of those persons shall be deemed, for the purposes of subsection (4), to have taken disciplinary action in contravention of subsection (1) in relation to the complainant.

(c) In paragraph (a) the reference to the doing of an act includes a reference to the making of an omission.

6. Inquiry officers.

6.—(1) The Commission may authorise such and so many persons as it may determine (referred to in this Act as “inquiry officers”) to perform the functions conferred on inquiry officers by this section.

(2) Whenever so requested by the Commission, an inquiry officer shall, for the purpose of assisting it in the performance of its functions, carry out a preliminary inquiry into a complaint under section 22 of the Principal Act or section 4 by—

(a) requesting the person who made the complaint, or any other person whose evidence would or might, in the opinion of the officer, be relevant to the inquiry, at the option of the person, to—

(i) provide him or her with a statement in writing of the evidence that the person would give to the Commission in relation to the matter at an investigation of the complaint by the Commission under section 23 of the Principal Act, or

(ii) make a statement of the evidence aforesaid at a meeting with him or her which the officer shall write down,

within such reasonable period as may be specified by the officer,

(b) furnishing the person against whom the complaint is made with particular of the complaint and copies of the statement or statements under paragraph (a) and with copies of any relevant documents and requesting the person, at the option of the person, to—

(i) provide him or her with a statement in writing of the evidence that the person would give to the Commission in relation to the matter at such an investigation as aforesaid in relation to the matter, or

(ii) make a statement of the evidence aforesaid at a meeting with him or her which the officer shall write down,

within such reasonable period as may be specified by the officer, and

(c) where appropriate, conducting interviews with the persons referred to in paragraphs (a) and (b), and questioning them, for the purpose of the making of the statements aforesaid.

(3) Following an inquiry pursuant to subsection (2), the inquiry officer concerned shall prepare a report in writing of the results of the inquiry and shall furnish the report and the statement or statements under subsection (2) and any relevant documents to the Commission; and the report shall not contain any determinations or findings, but shall, if the Commission so requests, include an expression of the opinion of the officer as to whether there is prima facie evidence to sustain the complaint concerned.

(4) A statement under subsection (2) shall be signed (or, where necessary, otherwise identified) by the person by whom it was made and, if the statement was made pursuant to paragraph (a)(ii) or (b)(ii) of that subsection, the signing shall be effected in the presence of the inquiry officer concerned, who shall then sign the statement.

(5) An inquiry officer may request the production by a person of any document in the possession or control of the person that the officer considers relevant to his or her inquiry.

(6) Where a document is produced by a person to an inquiry officer pursuant to a request under subsection (5), the officer may, with the consent of the person, retain the document in his or her possession for a reasonable period for the purpose of examining and copying it.