Chapter IV

Disclosures, Declarations and Disqualifications Relating to Authority

29. —(1) Save as otherwise provided by law, a person shall not, without the consent of the Authority, disclose any information obtained by him or her while performing, or as a result of having performed, duties as a member of the Authority, a member of staff of the Authority (including the Director), a member of an advisory committee or a consultant or adviser to the Authority.

(2) A person who contravenes subsection (1) shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,500.

(3) Nothing in subsection (1) shall prevent the disclosure of information in a report made to the Authority or by or on behalf of the Authority to the Minister.

30. —(1) The Director and each member of the Authority shall, on his or her appointment as such, make a declaration in writing of his or her interests to the Minister, in such form as the Minister, following consultation with the Minister for Finance, may specify.

(2) A person to whom subsection (1) applies shall, throughout the tenure of his or her appointment, amend and update his or her declarations of interests as required by the Minister or the Authority, as the case may be, by reference to any change in the interest held by the person.

(3) Where a person to whom subsection (1) applies, fails to make a declaration in accordance with that subsection, the Minister shall decide the appropriate action (including removal from office) to be taken.

31. —(1) Where a member of the Authority or the Director or an adviser, consultant or member of an advisory committee engaged by the Authority has a pecuniary interest or other beneficial interest in, or material to, any matter which falls to be considered by the Authority, he or she shall—

(a) disclose to the Authority the nature of his or her interest in advance of any consideration of the matter,

(b) neither influence nor seek to influence a decision in relation to the matter,

(c) take no part in any consideration of the matter, and

(d) withdraw from any meeting for so long as the matter is being discussed or considered and not vote or otherwise act in relation to the matter.

(2) For the purpose of this section, but without prejudice to the generality of subsection (1), a person shall be regarded as having a beneficial interest if—

(a) he or she or any member of his or her household, or any nominee of his or her household, is a member of a company or any other body which has a beneficial interest in, or material to, a matter referred to in that subsection,

(b) he or she or any member of his or her household is in partnership with or is in the employment of a person who has a beneficial interest in, or material to, such a matter,

(c) he or she or any member of his or her household is a party to any arrangement or agreement (whether or not enforceable) concerning land to which such a matter relates, or

(d) any member of his or her household has a beneficial interest in, or material to, such a matter.

(3) For the purposes of this section a person shall not be regarded as having a beneficial interest in, or material to, any matter by reason only of an interest of his or her or of any company or of any other body or person mentioned in subsection (2) which is so remote or insignificant that it cannot reasonably be regarded as likely to influence a person in considering, discussing or in voting on, any question with respect to the matter, or in performing any function in relation to that matter.

(4) Where a question arises as to whether or not a course of conduct, if pursued by a person, would be a failure by him or her to comply with the requirements of subsection (1), the question shall be determined by the Authority and particulars of the determination shall be recorded in the minutes of the meeting concerned.

(5) Where a disclosure is made to the Authority or an advisory committee appointed by the Authority, particulars of the disclosure shall be recorded in the minutes of the meeting concerned.

(6) Where the Minister is satisfied that a member of the Authority, the Director or an advisor, consultant or member of an advisory committee engaged by the Authority, has knowingly failed to comply with a requirement of subsection (1), he or she may remove that person from office and, in such case, that person shall be permanently disqualified from membership of the Authority or appointment thereunder.

32. — A person who is a member of the Authority shall be disqualified from holding and shall cease to hold such office if that person is adjudged bankrupt or makes a composition or arrangement with creditors or, on conviction on indictment by a court of competent jurisdiction, is sentenced to imprisonment, or if he or she ceases to be ordinarily resident in the State.

33. —(1) Where a person who is the chairperson or an ordinary member of the Authority is—

(a) nominated as a member of Seanad éireann, or

(b) elected as a member of either House of the Oireachtas or to the European Parliament, or

(c) regarded pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act, 1997 , as having been elected to the European Parliament to fill a vacancy,

the person shall thereupon cease to be chairperson or an ordinary member of the Authority.

(2) Where a person who is the Director or a member of the staff of the Authority is—

(a) nominated as a member of Seanad éireann, or

(b) elected as a member of either House of the Oireachtas or to the European Parliament, or

(c) regarded pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act, 1997 , as having been elected to the European Parliament to fill a vacancy,

the person shall thereupon stand seconded from employment by the Authority and shall not be paid by, or be entitled to receive from, the Authority any remuneration or allowances in respect of the period commencing on such nomination, election or when he or she is so regarded as having been elected, as the case may be, and ending when he or she ceases to be a member of either such House or Parliament.

(3) A person who is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit therein or who is a member of the European Parliament shall, while so entitled or such a member, be disqualified from becoming chairperson or an ordinary member of the Authority or the Director or a member of the staff of the Authority.

(4) Without prejudice to the generality of subsection (2), that subsection shall be construed as prohibiting, inter alia, the reckoning of a period mentioned in that subsection as service with the Authority for the purposes of any pensions, gratuities or other allowances payable on resignation, retirement or death.