Ethics in Public Office Act 1995

Discontinuance of investigations.

31

31.(1) A Committee may at any time discontinue an investigation under section 9 of a complaint referred or made to it under section 8 if it becomes of opinion that the complaint concerned is frivolous or vexatious.

(2) The Commission may at any time discontinue an investigation under section 23 of a complaint referred or made to it under section 22 (other than subsection (4) thereof) F86[or made to it under section 4 of the Act of 2001] if it becomes of opinion that the complaint concerned is frivolous or vexatious.

(3) If a Committee decides to discontinue an investigation under section 9, or the Commission decides to discontinue an investigation under section 23, it shall prepare and furnish to—

(a) the person who made the complaint concerned, and

(b) the person to whom it related,

a statement in writing of the reasons for its decision and, in the case of such a decision by a Committee, it shall, in addition, prepare and furnish such a statement to the Clerk.

(4) Section 11 shall apply with any necessary modifications in relation to a case where an investigation is discontinued under subsection (1) and section 26 shall apply with any necessary modifications in relation to a case where an investigation is discontinued under subsection (2).

Annotations

Amendments:

F86

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.