Ethics in Public Office Act 1995

Appointment of, and complaints to, Committees.

8

8. (1) Each House shall as soon as may be after the commencement of this section and, thereafter, as soon as may be after the first meeting of that House subsequent to a general election for members of that House appoint a select committee which shall be known—

( a) in the case of the committee appointed by Dáil Éireann as the Committee on Members' Interests of Dáil Éireann, and

( b) in the case of the committee appointed by Seanad Éireann, as the Committee on Members' Interests of Seanad Éireann,

to perform the functions conferred on it by this Act.

F13 [ (1A) Notwithstanding subsection (1), a House may by resolution change the name of the committee appointed by it under this section to another name, and whenever the name of such a committee is so changed, references in this Act to the first-mentioned name shall be construed as references to that other name. ]

(2) A person (other than a member) who considers that a member (other than a member who is or, at the relevant time, was an office holder) may have contravened section 5 or 7 F14 [ or done a specified act ] may make a complaint in writing in relation to the matter to the Clerk and, subject to subsection (3), the Clerk shall refer the matter to the Committee and shall furnish a copy of the complaint to the Committee.

(3) The Clerk concerned shall consider a complaint under subsection (2) and, if the Clerk is of opinion that it is frivolous or vexatious F15 [ or that there is not sufficient evidence to establish a prima facie case in relation to the complaint ], he or she—

( a) shall not refer it to the Committee, and

( b) shall prepare a statement in writing of the reasons for his or her opinion and furnish a copy of it to—

(i) the person who made the complaint,

(ii) the member concerned, and

(iii) the Committee.

(4) A member who considers that a member (other than a member who is or, at the relevant time, was an office holder) may have contravened section 5 or 7 F16 [ or done a specified act ] may make a complaint in writing in relation to the matter to the Committee F17 [ ].

(5) A complaint may not be made under this section in respect of a person who has ceased to be a member.

F18 [ (6) The functions of the Clerk of D á il É ireann under this section may be performed by the Clerk-Assistant of D á il É ireann during any period when

(a) the Clerk of D á il É ireann is, by reason of illness or otherwise, unable to perform those functions, or

(b) the office of Clerk of D á il É ireann is vacant.

(7) The functions of the Clerk of Seanad É ireann under this section may be performed by the Clerk-Assistant of Seanad É ireann during any period when

(a) the Clerk of Seanad É ireann is, by reason of illness or otherwise, unable to perform those functions, or

(b) the office of Clerk of Seanad É ireann is vacant. ]