Ethics in Public Office Act 1995

Guidelines and advice from Commission.

25

25. (1) The Commission—

( a) shall, after consultation with the Committees, from time to time draw up and publish to persons (other than members who are not office holders) to whom F76 [ section 4 (1)(a) of the Act of 2001 or ]a provision of Part II, III or IV applies guidelines concerning the steps to be taken by such persons to ensure compliance by them with F76 [ that section and ] this Act generally and, in particular, with the provisions of those Parts, and

( b) may, at the request of a person (other than a member who is not an office holder) to whom a provision of Part II, III or IV applies, give advice to the person in relation to any provision of this Act or as to the application, in any particular case, of any such provision F76 [ and may, at the request of a person give advice to the person, if section 4 (1)(a) applies to the person, in relation to that section or as to the application in any particular case, of that section ].

F77 [ (1A) Guidelines drawn up and published under subsection (1)

( a ) subject to paragraph (b), shall remain in force until revoked by guidelines drawn up and published under that subsection, and

( b ) may be amended by guidelines drawn up and published under that subsection.

(1B) A document purporting to be guidelines under subsection (1) shall be taken, unless the contrary is shown, to be such guidelines and shall be admissible in any proceedings before a court or other tribunal or a Committee or the Commission, and any provision of any such guidelines that appears to the tribunal, the Committee or the Commission to be relevant to a question in the proceedings may be taken into account by it in determining the question. ]

(2) When a request is made under subsection (1) (b) in relation to a particular case, F78 [ the provision concerned of Part II, III or IV or of the Act of 1997 ] shall not, as respects the person who made the request, apply in relation to that case during the period from the making of the request to the time when advice is given by the Commission in relation to the case or it declines to give such advice.

(3) The Commission shall, within 21 days of the receipt by it of a request for advice under subsection (1) (b), furnish the advice to the person concerned or notify him or her of its decision to decline to do so.

(4) A person shall act in accordance with guidelines or advice published or given to the person under this section unless, by so doing, the act concerned would constitute a contravention of another provision of this Act.

Annotations:

Amendments:

F76

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.

F77

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.

F78

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.

Modifications (not altering text):

C16

Guidelines continued in force (10.12.2001) by Standards in Public Office Act 2001 (31/2001), s. 14 (3), commenced (with restrictions) by S.I. No. 576 of 2001 and resolutions of both Houses of the Oireachtas.

Transitional and saver.

14.— ...

(3) Guidelines drawn up and published by the Public Offices Commission under section 25 of the Principal Act and in force immediately before the commencement of section 2 shall continue in force after such commencement as if drawn up and published by the Commission under that section.

Editorial Notes:

E53

Insertion in s. 25 (1)(a) of the words “(other than members who are not office holders)” (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, appears to be redundant as these words already appear in the original version of the section. They are excluded from this revision as surplus provisions.