Ethics in Public Office Act 1995

Complaints to Commission.

22

22. (1) A person (other than a member) who considers that—

( a) a person may have contravened Part II, III or IV at a time when he or she was an office holder, or

( b) F61 [ ] a person who is an office holder may have contravened Part II before becoming an office holder,

may make a complaint in writing in relation to the matter F62 [ to the Commission ].

(2) F63 [ ]

(3) A member who considers that—

( a) a person may have contravened Part IV ,

( b) a person may have contravened Part II, III or IV at a time when he or she was an office holder, or

( c) that a person who is an office holder may have contravened Part II before becoming an office holder,

may make a complaint in writing in relation to the matter to the Commission.

(4) ( a) Where the Minister considers that a person, other than an office holder, may have contravened Part IV , he or she may make a complaint in writing in relation to the matter to the Commission.

( b) (i) Where a Minister of the Government considers that a person to whom this subparagraph applies may have contravened Part IV , he or she may, with the consent of the Minister, make a complaint in writing in relation to the matter to the Commission.

(ii) Subparagraph (i) applies to the following persons:

(I) a person who occupies or occupied a designated position in a Department of State or office of which the Minister of the Government by whom the complaint concerned is made has charge,

(II) a person who holds or held a designated directorship of, or occupies or occupied a designated position in, a public body specified in subparagraphs (8) to (12) of paragraph 1 of the First Schedule or standing prescribed for the time being under subparagraph (13) of the said paragraph 1 in relation to which functions stand conferred on the Minister of the Government by whom the complaint concerned is made, and

(III) a person who is or was a special adviser assigned to the Minister of the Government by whom the complaint concerned is made or to a Minister of State at the Department of State administered by that Minister of the Government.

( c) Where a public body specified in subparagraphs (8) to (12) of the said paragraph 1 or standing prescribed for the time being under subparagraph (13) of the said paragraph 1 considers that a person who—

(i) holds or held a designated directorship of the body, or

(ii) occupies or occupied a designated position in the body,

may have contravened Part IV , it may make a complaint in writing in relation to the matter to the Commission.

( d) Where the appropriate authority (within the meaning of the Civil Service Regulation Act, 1956, but excluding a Minister of the Government) in relation to a civil servant (within the meaning aforesaid) considers that the civil servant may have contravened Part IV , the authority may make a complaint in writing in relation to the matter to the Commission.

F64 [ (5) If a Committee by resolution determines

( a ) that a complaint under section 8(2) made or referred to it should be investigated by the Commission, or

( b ) in the case of a member (other than a member who is or, at the relevant time, was an office holder), that an investigation should be carried out by the Commission to determine whether the member has contravened section 5, 7 or 12 or has done a specified act,

the chairman of the Committee shall

(i) in a case to which paragraph (a) relates, refer the matter to the Commission and furnish a copy of the complaint concerned to the Commission, and

(ii) in a case to which paragraph (b) relates, make a complaint in writing in relation to the matter to the Commission. ]

Annotations:

Amendments:

F61

Repealed (10.12.2001) by Standards in Public Office Act 2001 (31/2001), s. 13(1) and (2) 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, subject to transitional provision in s. 14.

F62

Substituted (10.12.2001) by Standards in Public Office Act 2001 (31/2001), s. 13(1) and (2) 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, subject to transitional provision in s. 14.

F63

Repealed (10.12.2001) by Standards in Public Office Act 2001 (31/2001), s. 28 and sch. 2, subject to transitional provision in subs. (2), 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, subject to transitional provision in s. 14.

F64

Inserted (10.12.2001) by Standards in Public Office Act 2001 (31/2001), s. 13(1) and (2) 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, subject to transitional provision in s. 14.

Modifications (not altering text):

C14

Application of section extended (10.12.2001) by Standards in Public Office Act 2001 (31/2001), s. 11(b), S.I. No. 576 of 2001 and resolutions of both Houses of the Oireachtas.

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— ...

( 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,

...