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22 1995

ETHICS IN PUBLIC OFFICE ACT, 1995

PART VI

Miscellaneous

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, cause a motion to be moved in that House for a resolution that such action or actions specified in subsection (2) as may be specified in the resolution and is or are reasonable in all the circumstances be taken by that House in relation to the matter.

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

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

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

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

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

(ii) in addition, if the report aforesaid includes a determination that the office holder or other member is continuing to contravene this Act and the Committee is satisfied that the contravention has continued up to the date of the motion for the resolution concerned under subsection (1), until such time (if any) after the expiration of the period specified pursuant to subparagraph (i) in the resolution as he or she takes the steps specified in the resolution (being the steps specified in the report) to secure compliance by him or her with this Act.

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

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

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.

(e) When the Clerk receives a statement under paragraph (a), (b), (c) or (e), he or she shall if it relates to an additional interest, furnish a copy of it to the Commission and (if it is a statement of a Minister of the Government or a Minister of State) the Taoiseach.

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

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

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

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

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

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 that his or her spouse or a child of the person or of his or her spouse has such an interest, the person may at any time prepare a statement under that section of the interest and furnish it to the person or persons to whom such a statement is required by the section to be furnished and, where such a statement is so furnished, this Act shall apply and have effect as if the interest was an interest specified in that Schedule.

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) 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).

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.

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

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

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

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

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

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

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

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

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

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

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

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

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

(8) A witness whose evidence has been, is being or is to be given before the Committee or the Commission, as the case may be, in proceedings under this Act shall be entitled to the same privileges and immunities as a witness in a court.

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

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

(11) The following shall be absolutely privileged:

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

(b) reports of the Commission, wherever published,

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

Independence of Commission.

33. —The Commission and its members shall be independent in the performance of their functions under this Act.

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.

Prohibition of disclosure of information.

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

(2) Subsection (1) does not apply to—

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

(b) the disclosure of information contained in—

(i) a statement under section 13 or 14 (1) or a statement under section 29 (2) in relation to an interest specified in section 13 ,

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

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

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

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

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

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

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

(c) the disclosure of information by a person—

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

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

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

or

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

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

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, the person shall take those steps within the period specified therefor in the report.

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.

Amendment of Prevention of Corruption Acts, 1889 to 1916.

38. —The Prevention of Corruption Acts, 1889 to 1916, shall be amended as follows:

(a) in the Public Bodies Corrupt Practices Act, 1889—

(i) in section 1—

(I) by the substitution for “any member, officer or servant of”, in each place where it occurs in subsection (1) and (2), of “an office holder or his or her special adviser or a director of, or occupier of a position of employment in,”, and

(II) the substitution for “public body”, where it secondly occurs in subsection (1) and (2), of “office holder or public body”,

and

(ii) in section 2, by the substitution of the following paragraph for paragraph (a):

“(a) (i) if the conviction is a summary conviction, be liable to a fine not exceeding £1,000 or to imprisonment for a term not exceeding 12 months or to both, or

(ii) if the conviction is on indictment, be liable to a fine not exceeding £50,000 or to imprisonment for a term not exceeding 7 years or to both,

and paragraphs (b) to (e) of this subsection shall apply only if the conviction is on indictment; and”,

and

(iii) in section 7, by the substitution of the following definitions for the definitions of “public body” and “public office”;

“‘public office’ means any office or employment of a person as an office holder or special adviser or as a director of, or occupier of a position of employment in, a public body;

director’, ‘office holder’, ‘public body’ and ‘special adviser’ have the meanings assigned to them by the Ethics in Public Office Act, 1995:”,

(b) in section 1 of the Prevention of Corruption Act, 1906—

(i) in subsection (1), by the substitution for the words from “and shall be liable” to the end of the subsection, of “and shall be liable—

(I) on summary conviction, to a fine not exceeding £1,000 or to imprisonment for a term not exceeding 12 months or to both, or

(II) on conviction on indictment, to a fine not exceeding £50,000 or to imprisonment for a term not exceeding 7 years or to both.”,

and

(ii) by the substitution of the following subsection for subsection (3):

“(3) In this Act ‘agent’ also includes an office holder or a director (within the meaning, in each case, of the Public Bodies Corrupt Practices Act, 1889, as amended) of, and a person occupying a position of employment in, a public body (within the meaning aforesaid) and a special adviser (within the meaning aforesaid).”,

and

(c) in the Prevention of Corruption Act, 1916—

(i) by the deletion of section 1,

(ii) by the substitution of the following section for section 2:

“2.—Where in any proceedings against a person for an offence under the Prevention of Corruption Act, 1906, as amended, or the Public Bodies Corrupt Practices Act, 1889, as amended, it is proved that any money, gift or other consideration has been paid or given to or received by an office holder or special adviser or a director of, or occupier of a position of employment in, a public body by or from a person or agent of a person holding or seeking to obtain a contract from a Minister of the Government or a public body, the money, gift or consideration shall be deemed to have been paid or given and received corruptly as such inducement or reward as is mentioned in such Act unless the contrary is proved.”, and

(iii) in section 4, by the substitution of the following subsection for subsections (2) and (3):

“(2) In this Act ‘director’, ‘office holder’, ‘special adviser’ and ‘public body’ have the meanings assigned to them by the Public Bodies Corrupt Practices Act, 1889, as amended, and ‘agent’ and ‘consideration’ have the meanings assigned to them by the Prevention of Corruption Act, 1906, as amended.”,

and the said section 1, as amended by this section, of the Public Bodies Corrupt Practices Act, 1889, is set out in the Table to this section.

TABLE

1. (1) Every person who shall by himself or by or in conjunction with any other person, corruptly solicit or receive, or agree to receive, for himself, or for any other person, any gift, loan, fee, reward, or advantage whatever as an inducement to, or reward for, or otherwise on account of an office holder or his or her special adviser or a director of, or occupier of a position of employment in, a public body as in this Act defined, doing or forbearing to do anything in respect of any matter or transaction whatsoever, actual or proposed, in which the said office holder or public body is concerned, shall be guilty of a misdemeanour.

(2) Every person who shall by himself or by or in conjunction with any other person corruptly give, promise, or offer any gift, loan, fee, reward, or advantage whatsoever to any person, whether for the benefit of that person or of another person, as an inducement to or reward for or otherwise on account of an office holder or his or her special adviser or a director of, or occupier of a position of employment in, any public body as in this Act defined, doing or forbearing to do anything in respect of any matter or transaction whatsoever, actual or proposed, in which such office holder or public body as aforesaid is concerned, shall be guilty of a misdemeanour.