Ethics in Public Office Act 1995

Designated positions of employment.

18

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 F46 [ or civil partner ] 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 F47 [ spouse or civil partner 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.

Annotations:

Amendments:

F46

Inserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 97(2) and sch. part 1, item 18, S.I. No. 648 of 2010. Note: item 18 refers to s. 18(1)(a), not s. 18(2)(a); however s. 18(1) has no subs. (a), and the instructions of where to place the insertion match the wording of subs. (2)(a).

F47

Substituted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 97(2) and sch. part 1, item 18, S.I. No. 648 of 2010. Note: item 18 refers to s. 18(1)(a), not s. 18(2)(a); however s. 18(1) has no subs. (a), and the instructions of where to place the substitution match the wording of subs. (2)(a).

Modifications (not altering text):

C11

Reference to the office of the Data Protection Commissioner in subs. (3)(b)(iii) construed (25.05.2018, establishment date) by Data Protection Act 2018 (7/2018), s. 14(2), S.I. No. 175 of 2018.

Transfer of functions of Data Protection Commissioner to Commission

14. (1) All functions that, immediately before the establishment day, were vested in the Data Protection Commissioner are transferred to the Commission.

(2) A reference in any enactment or instrument under an enactment to the Data Protection Commissioner or to the Office of the Data Protection Commissioner shall be construed as a reference to the Commission.

...

C12

Application of section extended (10.12.2001) by Standards in Public Office Act 2001 (31/2001), s. 11, 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.

Provisions in relation to statements under sections 17 and 18 of Principal Act.

11.—An individual to whom a statement in writing is furnished pursuant to section 17 or 18 of the Principal Act—

( a) may request the person who so furnished it (“the furnisher”) to provide him or her with information in relation to the statement or any matter arising in connection with it,

( b) if he or she considers that the furnisher may have contravened Part IV, he or she may make a complaint in writing in relation to the matter to the Commission—

(i) in case the furnisher is a civil servant (within the meaning of the Civil Service Regulation Act, 1956), under paragraph ( d) of section 22(4) of the Principal Act as if the individual was the appropriate authority in relation to the civil servant (within the meaning aforesaid) and the said paragraph ( d) and any other relevant provision of the Principal Act shall apply accordingly as if the individual was such an authority with any necessary modifications,

(ii) in any other case, under paragraph ( c) of the said section 22(4) as if the individual was the public body concerned and the said paragraph ( c) and any other relevant provision of the Principal Act shall apply accordingly as if the individual was such a body with any necessary modifications,

and

( c) if the Commission carries out an investigation under section 23 of the Principal Act into the matter, shall furnish to the public body concerned a copy of the report in writing of the Commission of the result of the investigation a copy of which is furnished to the individual.

Editorial Notes:

E40

Power pursuant to section exercised (25.04.2008 and 14.06.2007) by Ethics in Public office (Designated Positions in Public Bodies) (Amendment) Regulations 2008 (S.I. No. 145 of 2008).

E41

Power pursuant to section exercised (1.01.2007) by Ethics in Public Office (Designated Positions in Public Bodies) (Amendment) Regulations 2006 (S.I. No. 677 of 2006). The purported substitution of reg. 6 had no effect as Ethics in Public Office (Designated Positions in Public Bodies)(Amendment) Regulations 2005 (S.I. No. 673 of 2005) contained no reg. 6.

E42

Power pursuant to s. 3 exercised (1.01.2005) in relation to s. 18(3)(b)(v) by Ethics in Public Office (Designated Positions in Public Bodies) Regulations 2004 (S.I. No. 698 of 2004), reg. 6, as substituted (25.04.2008) by Ethics in Public Office (Designated Positions in Public Bodies)(Amendment) Regulations 2008 (S.I. No. 145 of 2008), reg. 2(b), and as further amended (11.07.2013) by Ethics in Public Office (Designated Positions in Public Bodies) (Amendment) Regulations 2013 (S.I. No. 265 of 2013), reg. 2.

E43

Power pursuant to s. 3 exercised in relation to s. 18(3)(b)(v) (1.01.2005) by Ethics in Public Office (Prescribed Public Bodies, Designated Directorships of Public Bodies and Designated Positions in Public Bodies) Regulations 2004 (S.I. No. 699 of 2004), reg. 7.

E44

Previous affecting provision: power pursuant to section exercised (1.01.2009) by Ethics in Public office (Designated Positions in Public Bodies) (Amendment) (No. 2) Regulations 2008 (S.I. No. 606 of 2008); superseded (1.01.2010) by Ethics in Public Office (Designated Positions in Public Bodies) (Amendment) Regulations 2010 (S.I. No. 5 of 2010).

E45

Previous affecting provision: power pursuant to section exercised (1.01.2006) by Ethics in Public Office (Designated Positions in Public Bodies) (Amendment) Regulations 2005 (S.I. No. 673 of 2005); revoked (1.01.2007) by Ethics in Public Office (Designated Positions in Public Bodies)(Amendment) Regulations 2006 (S.I. No. 677 of 2006), reg. 3.

E46

Previous affecting provisions: power pursuant to s. 3 exercised (1.01.2005) in relation to s. 18(3)(b)(v) by Ethics in Public Office (Designated Positions in Public Bodies) (Amendment) Regulations 2004 (S.I. No. 698 of 2004), reg. 6; substituted (1.01.2006) by Ethics in Public Office (Designated Positions in Public Bodies)(Amendment) Regulations 2005 (S.I. No. 673 of 2005), reg. 2.