Ethics in Public Office Act 1995

Declarations of interest by members in Oireachtas proceedings.

7

7. (1) This section applies to proceedings in each House, a committee of either House or a joint committee of both Houses.

(2) A member who proposes to speak or vote in proceedings to which this section applies and who has actual knowledge that he or she or a connected person has a material interest in the subject matter of the proceedings shall—

( a) if he or she proposes to speak in the proceedings, make a declaration of the fact aforesaid in the proceedings before or during his or her speech, and

( b) if he or she proposes to vote, but does not speak, in the proceedings, make the declaration aforesaid in writing and furnish it before voting to the Clerk, or the clerk to the committee, concerned, as may be appropriate.

F11 [ (2A) A member referred to in subsection (2) who requests the Committee to give him or her advice under section 12(1)( b ) in relation to this section and who does not receive the advice before the speech or vote concerned shall

( a ) if it is a case to which paragraph ( a ) of subsection (2) applies, make a declaration of the fact of the request in the proceedings concerned before or during that speech and, upon receipt of the advice, as soon as may be, make a declaration in writing of the advice and furnish it to the clerk, or the clerk to the committee, concerned, as may be appropriate, and

( b ) if it is a case to which paragraph ( b ) of subsection (2) applies, make the first-mentioned declaration aforesaid in writing and furnish it before voting to the Clerk, or the clerk to the committee, concerned, as may be appropriate and, upon receipt of the advice, as soon as may be, make a declaration in writing of the advice and furnish it to the Clerk, or the clerk to the committee concerned, as may be appropriate,

and subsection (5) shall apply to a declaration under this subsection as it applies to a declaration under subsection (2) with the modification that paragraph ( b ) shall be construed as providing for the laying of a copy of a declaration under this subsection before the House in lieu of publishing it in accordance with that paragraph. ]

(3) For the purposes of subsection (2), a person (being a member or a connected person) has a material interest in the subject matter of proceedings if the consequence or effect of any decision by the House or the committee or joint committee concerned, or by the Government or an office holder, concerning that matter may be to confer on or withhold from the person a significant benefit F12 [ or impose on the person a significant loss, liability, penalty, forfeiture, punishment or other disadvantage without also conferring it on, withholding it from or imposing it on ] persons in general or a class of persons which is of significant size having regard to all the circumstances and of which the person is a member.

(4) Subsection (2) does not apply to an interest of a member that is included in a statement which or a copy of which has been laid before the House under section 6 .

(5) A declaration under subsection (2) shall—

( a) in case an official report of the proceedings concerned is published, be included in the report, and

( b) in case such a report is not published, be published in such manner as the Clerk, or the clerk to the committee, concerned may direct.

Annotations:

Amendments:

F11

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.

F12

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.