Ethics in Public Office Act 1995

PART VI

Miscellaneous

Action by Houses where reports laid before them.

28

28. (1) Where a copy of a report of a Committee or a copy of a report of the Commission furnished to a Committee is laid before either House, the Committee may, if it considers it appropriate, having regard to all the circumstances of the case, to do so F80 [ and shall, if the copy is furnished to it pursuant to section 21 (4) or 23(2) of the Act of 2001 ] , cause a motion to be moved in that House for a resolution that such action or actions specified in subsection (2) as may be specified in the resolution and is or are reasonable in all the circumstances be taken by that House in relation to the matter.

(2) The actions referred to in subsection (1) are—

( a) the taking note by the House concerned of the report of the Committee, or the report of the Commission, concerned,

( b) the censuring of the office holder or other member concerned by the House,

( c) the suspension of the office holder or other member concerned from the service of the House—

(i) for such period not exceeding 30 days on which the House shall have sat as may be specified in the resolution concerned, and

F81 [ (ii) in addition

(I) if the report aforesaid includes a determination that the office holder or other member is continuing to contravene this Act or that the specified act concerned is continuing and the Committee is satisfied that the contravention or act has continued up to the date of the motion for the resolution concerned under subsection (1), or

(II) if the Committee is satisfied, in a case to which section 25 of the Act of 2001 applies, that the office holder or other member concerned has not, up to the date aforesaid, complied with section 21 or 23 , as may be appropriate,

until such time (if any) after the expiration of the period specified pursuant to subparagraph (i) in the resolution as he or she takes the steps specified in the resolution (being the steps specified in the report) to secure compliance by him or her with this Act or the cesser of the act or, as the case may be, the office holder or other member furnishes to the Commission the document specified in section 21 or 23 , as may be appropriate. ]

F82 [ (2A)   ( a ) Notwithstanding subsection (4), where the action specified in a motion for a resolution under subsection (1) is or includes that specified in subsection (2)( c ), it may also, subject to compliance with the conditions specified in paragraph ( b ), include the withholding from the office holder or other member concerned of so much of the annual sum by way of salary payable to him or her under the Oireachtas (Allowances to Members) Act, 1938 , as may be specified in the resolution.

( b ) The conditions referred to in paragraph ( a ) are:

(i) that the Committee concerned is of opinion that the act or contravention to which the motion relates was done or made intentionally and was of a grave nature,

(ii) that the withholding is reasonable in all the circumstances,

(iii) that the amount of the annual sum specified in the resolution does not exceed the amount thereof payable in respect of the period of suspension from the service of the House concerned specified in the resolution. ]

(3) Where a report referred to in subsection (1), a copy of which has been laid before either House, includes a determination that the office holder or other member concerned acted in good faith and in the belief that his or her action was in accordance with guidelines published or advice given in writing under section 12 or, as the case may be, section 25 , a Committee shall not recommend that the action specified in paragraph (b) or (c) of subsection (2) be taken by the House.

(4) The action referred to in subsection (2) (c) shall not affect either the amount of or the payment of any allowance or annual or other sum to which the office holder or other member concerned would, but for such action, be entitled under the Oireachtas (Allowances to Members) Act, 1938, Part III of the Ministerial and Parliamentary Offices Act, 1938, or section 3 of the Oireachtas (Allowances to Members) and Ministerial and Parliamentary Offices (Amendment) Act, 1992 .

Annotations:

Amendments:

F80

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.

F81

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.

F82

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.

Modifications (not altering text):

C18

Application of subs. (3) construed (10.12.2001) by Standards in Public Office Act 2001 (31/2001), s. 10(16), S.I. No. 576 of 2001 and resolutions of both Houses of the Oireachtas.

Codes of conduct.

10.—...

(16) The reference in section 28(3) of the Principal Act to guidelines published or advice given in writing under section 12 shall be construed as including a reference to a code of conduct drawn up under subsection (1) or (2) and any other relevant code of conduct or other guidelines or advice given in writing under subsection (12) or (13).