Ethics in Public Office Act 1995
Prohibition of disclosure of information.
35.— (1) A person shall not disclose information obtained by him or her under this Act F92 [ or the Regulation of Lobbying Act 2015 ] or by being present at a sitting of a Committee or Commission held in private.
(2) Subsection (1) does not apply to—
( a) the disclosure of information in the public interest by a Minister of the Government,
( b) the disclosure of information contained in—
by a person to whom the statement is furnished under this Act (“the first-mentioned person”) to—
(I) in the case of a statement referred to in subparagraph (i), such Minister of the Government,
(II) in the case of a statement referred to in subparagraph (ii), such directors of, or persons occupying positions of employment in, the public body concerned, and
(III) in the case of a statement referred to in subparagraph (iii), such persons,
as the first mentioned person considers appropriate in a case where that person is of opinion that the information is such as to show that there may exist a conflict between an interest specified in the statement, or an undisclosed interest, of the person by whom the statement is furnished as aforesaid and the public interest,
( c) the disclosure of information by a person—
(i) in the performance of his or her functions, or
(ii) in the public interest, to a Minister of the Government, the Secretary to the Government, a Committee, the Commission or a person standing determined for the time being under section 18 as a relevant authority, or
(iii) pursuant to an order of a court for the purpose of proceedings in that court, F94 [ … ]
( d) the disclosure, by or with the consent of the person to whom the information relates, of information contained in a report of a Committee under section 10 or the Commission under section 24 that has not been laid before either F95 [ House, or ]
F92 [ (e) the disclosure of information for inclusion in the Register of Lobbying in a report under section 25 of the Regulation of Lobbying Act 2015. ]
(3) A person who contravenes subsection (1) shall be guilty of an offence.
Inserted (1.09.2015) by Regulation of Lobbying Act 2015 (5/2015), s. 27(c) and (d), S.I. No. 152 of 2015.
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.
Deleted (1.09.2015) by Regulation of Lobbying Act 2015 (5/2015), s. 27(d)(i), S.I. No. 152 of 2015.
Substituted (1.09.2015) by Regulation of Lobbying Act 2015 (5/2015), s. 27(d)(ii), S.I. No. 152 of 2015.
Modifications (not altering text):
Previous affecting provision: (15.01.1997) Ethics in Public Office (Prescribed Public Body, Designated Directorships and Designated Positions in Public Bodies) Regulations 1997 (S.I. No. 32 of 1997), reg. 6; revoked (10.12.2001) by Standards in Public Office Act 2001 (31/2001), s. 28(3)(b), commenced (with restrictions) by S.I. No. 576 of 2001. Non-textual amendment in S.I. No. 32 of 1997, reg. 6 replaced as per F-note above.