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22 1995

ETHICS IN PUBLIC OFFICE ACT, 1995

PART IV

The Public Service

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 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 spouse 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) (a) Section 20 shall apply to a statement under subsection (1) (a) as if the references in that section 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.

(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.

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 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 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 spouse 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.

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 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 spouse 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.

Special advisers.

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

(a) occupies or occupied an excluded position (within the meaning of the Civil Service Commissioners Act, 1956 ), 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 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 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 spouse 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) Section 13 (3) of the Civil Service Commissioners Act, 1956 , does not apply to the appointment to an established position (within the meaning of that Act) of a person who acts or has acted as special adviser.

(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.

Provisions relating to statements under sections 17 to 19 .

20. —(1) A statement (“the current statement”) furnished by a person under section 17 (1) (a), 18 (2) (a) or 19 (3) (a) (i) shall—

(a) in case, as may be appropriate, the person was appointed to the directorship, position or special advisership concerned before the date of the passing of this Act 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 passing 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 date of the statement, and

(c) in any other case, be in respect of the period from the date of the last previous such statement so furnished by the person to—

(i) the date of the current statement, or

(ii) the date on which the appointment concerned ended,

whichever is the earlier.

(2) A statement under section 17 (1) (a), 18 (2) (a), 19 (3) (a) (i) or 29 (2) shall be made in such form as, subject to the provisions of this Act, may be determined by the Minister or a form to the like effect and shall contain appropriate information in relation to such matters (if any) respecting the interests declared in the statement as may be specified in the first-mentioned form.

(3) The first statement of a person under section 17 (1) (a), 18 (2) (a) or 19 (3) (a) (i) after his or her appointment to the directorship, position or special advisership concerned shall be furnished by the person to the person or persons concerned not later than—

(a) such time in the year concerned, or

(b) if the appointment is made after the commencement of the provision aforesaid and after the 1st day of October in any year, such time in the next following year,

as the Minister may determine and any subsequent such statement of the person shall be so furnished by the person not later than 30 days after the anniversary of the day on which the last previous such statement was so furnished by him or her.

(4) It shall not be necessary to specify in a statement under section 17 (1) (a), 18 (2) (a), 19 (3) (a) (i) or 29 (2) the amount or monetary value of any interest or the remuneration of any trade, profession, employment, vocation or other occupation included in the statement.