Ethics in Public Office Act 1995

Special advisers.

19

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

( a) occupies or occupied F48 [ a position to which section 7(1)( e ) of the Public Service Management (Recruitment and Appointments) Act 2004 relates ], 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 F49 [ or civil partner ] or a child of the person or of his or her spouse F49 [ or civil partner ],

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 F50 [ spouse or civil partner 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) F51 [ ]

(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.

F52 [ (7) Subsection (4) shall be complied with not later than 60 days after the person concerned was appointed to act as a special adviser and, in case a document referred to in paragraph ( b ) of that subsection is furnished to the office holder concerned at any time after the expiration of the period aforesaid, not later than 60 days after that time, and such compliance shall, in a case where the office holder concerned dies or becomes incapacitated, be effected by the Taoiseach. ]

Annotations:

Amendments:

F48

Substituted (6.10.2004) by Public Service Management (Recruitment and Appointments) Act 2004 (33/2004), s. 61(1) and sch. 2, part 1, commenced on enactment.

F49

Inserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 97 and sch. part 1, item 19, S.I. No. 648 of 2010.

F50

Substituted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 97 and sch. part 1, item 19, S.I. No. 648 of 2010.

F51

Deleted (6.10.2004) by Public Service Management (Recruitment and Appointments) Act 2004 (33/2004), s. 61(1) and sch. 2, part 1, commenced on enactment.

F52

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.

Editorial Notes:

E47

Power pursuant to s. 3 exercised (1.01.2005) in relation to subs. (3)(a) by Ethics in Public Office (Designated Positions in Public Bodies) Regulations 2004 (S.I. No. 698 of 2004), reg. 5, as substituted (14.06.2007) by Ethics in Public Office (Designated Positions in Public Bodies)(Amendment) Regulations 2008 (S.I. No. 145 of 2008), reg. 2(a).

E48

Previous affecting provision: provision for carrying out of duty under subs. (4) made (21.07.1997) by Ethics in Public Office Act, 1995 (Section 3(1)(B)) Regulations 1997 (S.I. No. 320 of 1997), reg. 3; revoked (10.12.2001) by Standards in Public Office Act 2001 (31/2001), s. 28(3)(c), S.I. No. 576 of 2001.

E49

Previous affecting provision: maximum salary for purposes of subs. (3)(a) prescribed (29.02.1996) by Ethics in Public Office (Designated Positions in Public Bodies) Regulations 1996 (S.I . No. 57 of 1996), reg. 4; revoked (1.01.2005) by Ethics in Public Office (Designated Positions in Public Bodies) Regulations 2004 (S.I. No. 698 of 2004), reg. 7.