Ethics in Public Office Act 1995

Reports by Commission.

24

24. (1) Subject to subsection (2) and section 31 , where the Commission carries out an investigation under section 23 , it shall prepare a report in writing of the result of the investigation and shall furnish a copy of the report to—

( a) the person the subject of the investigation,

F67 [ ( b ) if the investigation followed a complaint under section 22 or section 4 of the Act of 2001 , the person who made the complaint and, if the complaint was referred or made to the Commission under section 22 (5), the Committee concerned, and ]

( c) (i) in case the person the subject of the investigation is or was an office holder and the Commission has determined that he or she has contravened Part II, III or IV F68 [ or the Act of 1997 or has done a specified act ], the Committee, and

(ii) in any other case—

(I) the Minister, or

(II) if, at the time of the alleged contravention concerned, the person occupied a position in a Department of State or office administered by a Minister of the Government other than the Minister, that Minister of the Government.

(2) Where the Commission, either during or at the conclusion of an investigation under section 23 , is of opinion that the person the subject of the investigation may have committed an offence relating to the performance of his or her functions as an office holder F69 [ or member ], a holder of a designated directorship of, or occupier of a designated position in, a public body or special adviser, as the case may be F70 [ ]

( 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 Commission F71 [ whether following the receipt of the report, ] he or she has taken proceedings for an offence in respect of any matter mentioned in the report or has decided not to take 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.

(3) A report under subsection (1) shall set out the findings of the Commission together with its determinations in relation to the following matters, namely—

F72 [ ( a ) whether there has been a contravention of Part II, III or IV or the Act of 1997 by the person concerned or that person has done a specified act and whether the contravention or act is continuing, ]

( b) in case the determination is that there has not been a contravention of Part II, III or IV F73 [ or the Act of 1997, by the person and the person has not done a specified act, ] whether the Commission is of opinion that the complaint was frivolous or vexatious or that there were no reasonable grounds for it, and

( c) in case the determination is that there has been a contravention of F74 [ Part II, III or IV or the Act of 1997 by the person or that the person has done a specified act ]

F74 [ (i) if the determination is that the contravention is continuing or, as the case may be, that the specified act is continuing, the steps required to be taken by him or her to secure compliance by him or her with Part II, III or IV or the Act of 1997 or to secure the discontinuance of the specified act, as the case may be, and the period of time within which such steps should be taken,

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

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

(iv) whether the person 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 or the Commission under section 25 ,

and may refer to such other matters (if any) as the Commission considers appropriate.

(4) Where at any time a report under subsection (1) is furnished to a Committee, the Committee shall cause a copy of the report to be laid before the House concerned.

(5) Where a report under subsection (1) is furnished to a Minister of the Government and the report includes determinations that there has been a contravention of Part IV and that the contravention was a serious matter, he or she shall cause a copy of the report to be laid before each House.

F75 [ (5A) A public body to which a report under subsection (1) or subsection (2) of section 23 of the Act of 2001 is furnished may, having considered the report and invited submissions from the person concerned in relation to the matter and considered any such submissions, take such action in relation to the person to whom the report relates as it considers appropriate including suspension without payment of remuneration from the office or position held or occupied by the person for such person for such period as it may determine, being, in the case of a person to whom a report under the said subsection (2) relates, a period ending not later than the date on which the documents concerned specified in subsection (1)(a) of the said section 23 are furnished to the Commission. ]

(6) Where the Commission—

( a) adjourns or postpones proceedings in relation to an investigation under section 23 , or

( b) during such an investigation, furnishes a report to the Director of Public Prosecutions under subsection (2) (a) and the Director of Public Prosecutions notifies the Commission under subsection (2) (a) that he or she has taken proceedings for an offence in respect of a matter mentioned in the report,

the Commission may, if it considers it appropriate to do so, prepare an interim report in writing in relation to the investigation and furnish copies thereof to such of the persons specified in subsection (1) as it thinks fit.

Annotations:

Amendments:

F67

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, subject to transitional provision in s. 14.

F68

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, subject to transitional provision in s. 14.

F69

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, subject to transitional provision in s. 14.

F70

Repealed (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, subject to transitional provision in s. 14.

F71

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, subject to transitional provision in s. 14.

F72

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, subject to transitional provision in s. 14.

F73

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, subject to transitional provision in s. 14.

F74

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, subject to transitional provision in s. 14.

F75

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, subject to transitional provision in s. 14.

Editorial Notes:

E52

Previous affecting provision: reference in subs. (2) construed (29.02.1996) by Ethics in Public Office (Designated Positions in Public Bodies) Regulations 1996 (S.I. No. 57 of 1996), reg. 5(c); revoked (10.12.2001) by Standards in Public Office Act 2001 (31/2001) s. 28(3), S.I. No. 576 of 2001.