Climate Action and Low Carbon Development Act 2015
Disclosure of interests
10. (1) Where at a meeting of the Advisory Council or a committee, a member of the Advisory Council F22[or a committee] present at the meeting who, otherwise than in his or her capacity as such member, has a material interest in any matter which falls to be considered by the Council or the committee, such member shall—
(a) at the meeting disclose to the Advisory Council, or the committee, the fact of such interest and the nature of such interest,
(b) neither influence nor seek to influence a decision to be made in relation to the matter,
(c) absent himself or herself from the meeting or that part of the meeting during which the matter is being discussed,
(d) take no part in any deliberation of the Advisory Council, or the committee, relating to the matter, and
(e) not vote on a decision relating to the matter.
(2) Where a material interest is disclosed pursuant to this section, the disclosure shall be recorded in the minutes of the meeting concerned.
(3) Where at a meeting of the Advisory Council a question arises as to whether or not a course of conduct, if pursued by a member of the Advisory Council, would constitute a failure by him or her to comply with the requirements of subsection (1), the question may, subject to subsection (4), be determined by the chairperson of the meeting, whose decision shall be final, and where such a question is so determined, particulars of the determination shall be recorded in the minutes of the meeting.
(4) Where, at a meeting of the Advisory Council or a committee, the chairperson of the meeting is the member in respect of whom a question to which subsection (3) applies falls to be determined, then the other members of the Advisory Council attending the meeting shall choose one of their number to be chairperson of the meeting for the purpose of determining the question concerned.
(5) Where the Government is satisfied that a member of the Advisory Council has contravened subsection (1), the Government may, if they think fit, remove that member from office and, in the case of a person removed from office pursuant to this subsection, he or she shall thenceforth be disqualified for membership of the Advisory Council.
(6) In this section—
“committee” means a committee referred to in section 9(16);
“material interest” shall be construed in accordance with section 2(3) of the Ethics in Public Office Act 1995.
Inserted (7.09.2021) by Climate Action and Low Carbon Development (Amendment) Act 2021 (32/2021), s. 14, S.I. No. 468 of 2021.