Ethics in Public Office Act 1995

Reports by Committees.

10

10. (1) Subject to section 31 , where a Committee carries out an investigation under section 9 , it shall prepare a report in writing of the results of the investigation, and—

( a) shall furnish a copy of the report to the member concerned and, if the investigation followed a complaint under section 8 , the person who made the complaint, and

( b) if it determines that the member has contravened section 5 or 7 F23 [ or done a specified act ], it shall cause a copy of the report to be laid before the House.

F24 [ (1A) If, either during or at the conclusion of an investigation under section 9, a Committee is of opinion that the person the subject of the investigation may have committed an offence

( a ) it shall prepare a report in writing in relation to the matter and furnish it together with any relevant document or other thing in its possession to the Director of Public Prosecutions who shall notify the Committee whether, following the receipt of the report, he or she has initiated, or caused to be initiated, proceedings for an offence in respect of any matter mentioned therein or has decided not to initiate, or cause to be initiated, any such proceedings and of the final outcome of any such proceedings (including any appeal, whether by way of case stated or otherwise, rehearing or retrial), and

( b ) it shall add to its report under subsection (1) a copy of its report under paragraph (a) and a statement of the notification or notifications aforesaid. ]

(2) A report under subsection (1) shall set out the findings of the Committee concerned together with its determination in relation to the following matters, namely—

( a) whether there has been a contravention of section 5 or 7 by the member concerned and whether the contravention is continuing F25 [ or, as the case may be, whether a specified act has been done and whether the act is continuing ],

( b) in case the determination is that there has not been a contravention of section 5 or 7 F26 [ and that a specified act has not been done ] by the member, whether the Committee is of opinion that the complaint was frivolous or vexatious or that there were no reasonable grounds for it, and

F27 [ ( c ) in case the determination is that there has been a contravention of section 5 or 7, or that a specified act has been done, by the member

(i) if the determination is that the contravention or act is continuing, the steps required to be taken by him or her to secure compliance by him or her with section 5 or 7 or the cesser of the act,

(ii) whether the contravention or act was committed or done inadvertently, negligently, recklessly or intentionally,

(iii) whether the contravention was, in all the circumstances, a serious or minor contravention, and

(iv) whether the member acted in good faith and in the belief that his or her action was in accordance with guidelines published or advice given in writing by a Committee under section 12,

and may refer to such matters, if any, as the Committee considers appropriate. ]

(3) Where a Committee adjourns or postpones proceedings in relation to an investigation under section 9 , it may, if it considers it appropriate to do so, prepare an interim report in writing in relation to the investigation and furnish a copy thereof to the persons specified in subsection (1) (a).

Annotations:

Amendments:

F23

Inserted (10.12.2001) by Standards in Public Office Act 2001 (31/2001), s. 13(1) and sch. 1, S.I. No. 576 of 2001 and resolutions of both Houses of the Oireachtas. Resolution of Dáil Éireann: Debates Volume 546, 6 December 2001. Resolution of Seanad Éireann: Debates Volume 168, 28 November 2001.

F24

Inserted (10.12.2001) by Standards in Public Office Act 2001 (31/2001), s. 13(1) and sch. 1, S.I. No. 576 of 2001 and resolutions of both Houses of the Oireachtas. Resolution of Dáil Éireann: Debates Volume 546, 6 December 2001. Resolution of Seanad Éireann: Debates Volume 168, 28 November 2001.

F25

Inserted (10.12.2001) by Standards in Public Office Act 2001 (31/2001), s. 13(1) and sch. 1, S.I. No. 576 of 2001 and resolutions of both Houses of the Oireachtas. Resolution of Dáil Éireann: Debates Volume 546, 6 December 2001. Resolution of Seanad Éireann: Debates Volume 168, 28 November 2001.

F26

Inserted (10.12.2001) by Standards in Public Office Act 2001 (31/2001), s. 13(1) and sch. 1, S.I. No. 576 of 2001 and resolutions of both Houses of the Oireachtas. Resolution of Dáil Éireann: Debates Volume 546, 6 December 2001. Resolution of Seanad Éireann: Debates Volume 168, 28 November 2001.

F27

Substituted (10.12.2001) by Standards in Public Office Act 2001 (31/2001), s. 13(1) and sch. 1, S.I. No. 576 of 2001 and resolutions of both Houses of the Oireachtas. Resolution of Dáil Éireann: Debates Volume 546, 6 December 2001. Resolution of Seanad Éireann: Debates Volume 168, 28 November 2001.