Ethics in Public Office Act 1995

Investigations by Committees.

9

9. (1) Where a complaint is referred or made to a Committee under section 8 F19 [ or section 4 of the Act of 2001 ] , or a Committee considers it appropriate to do so in the case of a member (other than a member who is or, at the relevant time, was an office holder), it shall carry out an investigation to determine whether the member concerned has contravened section 5 or 7 F19 [ or done a specified act ], as the case may be.

F20 [ (2) Where a Committee, either during or at the conclusion of an investigation under this section in relation to section 5 or 7, becomes of opinion that the member the subject of the investigation has not contravened that section but may have contravened the other section or done a specified act, it may carry out an investigation under this section to determine whether the person has contravened that other section or done the specified act. ]

F21 [ (2A) Where a Committee, either during or at the conclusion of an investigation under this section in relation to a specified act, becomes of opinion that the member the subject of the investigation has not done that specified act but may have done another such act or contravened section 5 or 7, it may carry out an investigation under this section to determine whether the person has done that other specified act or contravened section 5 or 7.

(2B) If a Committee becomes of opinion that evidence sufficient to sustain a complaint referred or made to it under section 8 is not and will not be available, it may decide not to carry out, or to discontinue an investigation under this section. ]

(3) Where—

( a) a complaint is referred or made to a Committee under F22 [ section 4 of the Act of 2001 or section 8 ] , or the Committee is carrying out an investigation under this section whether following such a complaint or otherwise, and

( b) at any time before the Committee has complied with section 10 in relation thereto, the person the subject of the complaint or investigation ceases to be a member,

then—

(i) the Committee shall take no steps or no further steps in relation to the matter unless the person requests the Committee in writing to carry out an investigation of the matter under subsection (1) or, as the case may be, complete such an investigation, and

(ii) if the Committee is so requested as aforesaid, it shall, subject to section 31 , comply with the request.

(4) Subject to subsection (3), a Committee shall not carry out an investigation under this section in relation to—

( a) a person who has ceased to be a member, or

( b) a person who is or, at the relevant time, was an office holder.

(5) Where—

( a) in relation to a person who is a member but is not an office holder, a complaint had been, or been deemed to be, referred or made to a Committee, or a matter that a Committee had considered it appropriate to investigate had been, or been deemed to be, otherwise before it,

( b) following a dissolution of Dáil Éireann, the Committee has ceased to exist, and

( c) the Committee had neither—

(i) complied with section 10 in relation to the complaint or matter, nor

(ii) discontinued the investigation of the complaint pursuant to section 31 ,

the complaint or matter shall be deemed, for the purposes of this section, to have been referred or made under section 8 to, or, as the case may be, to be before, the Committee of the House of which the person is a member, and this section shall apply and have effect accordingly in relation to the complaint or matter.

Annotations:

Amendments:

F19

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.

F20

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.

F21

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.

F22

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.

Modifications (not altering text):

C9

Application of section restricted (10.12.2001) by Standards in Public Office Act 2001 (31/2001), s. 8, S.I. No. 576 of 2001 and resolutions of both Houses of the Oireachtas.

Identity of persons making complaints.

8.—The Commission or a Committee shall not investigate a complaint made or referred to it unless the identity of the person making the complaint is disclosed to it. Where, having regard to all the circumstances, the Commission or a Committee considers it appropriate to do so, it may restrict the disclosure of such identity to those to whom knowledge of it is necessary or expedient for the purposes or by reason of the investigation of the compliant by the Commission or the Committee, as the case may be, or otherwise in the interests of justice.