Ethics in Public Office Act 1995

Prohibition of disclosure of information.

35

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—

(i) a statement under section 13 or 14 (1) or a statement under F93 [ section 29(1) ] in relation to an interest specified in section 13 ,

(ii) a statement under section 17 or 18 or a statement under section 29 (2) in relation to an interest specified in section 17 or 18 , or

(iii) a statement under section 19 or a statement under section 29 (2) in relation to an interest specified in section 19 ,

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.

Annotations:

Amendments:

F92

Inserted (1.09.2015) by Regulation of Lobbying Act 2015 (5/2015), s. 27(c) and (d), S.I. No. 152 of 2015.

F93

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.

F94

Deleted (1.09.2015) by Regulation of Lobbying Act 2015 (5/2015), s. 27(d)(i), S.I. No. 152 of 2015.

F95

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):

Editorial Notes:

E56

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.