Ethics in Public Office Act 1995

Number 22 of 1995

ETHICS IN PUBLIC OFFICE ACT 1995

REVISED

Updated to 1 March 2023

This Revised Act is an administrative consolidation of the Ethics in Public Office Act 1995. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023 (3/2023), enacted 1 March 2023, and all statutory instruments up to and including Standards in Public Office (Transfer of Departmental Administration and Ministerial Functions) Order 2023 (S.I. No. 89 of 2023), made 28 February 2023, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.

Number 22 of 1995

ETHICS IN PUBLIC OFFICE ACT 1995

REVISED

Updated to 1 March 2023

ARRANGEMENT OF SECTIONS

PART I

Preliminary and General

Section
1.	Short title, commencement, partial cesser and collective citation.
2.	Interpretation.
3.	Regulations.
4.	Expenses.

PART II

Members

5.	Statements of members’ registrable interests for Clerks.
6.	The Register.
7.	Declarations of interest by members in Oireachtas proceedings.
8.	Appointment of, and complaints to, Committees.
9.	Investigations by Committees.
10.	Reports by Committees.
11.	Award of costs by Committees.
12.	Guidelines and advice from Committees.

PART III

Office Holders

13.	Statements of office holders’ additional interests for Clerks.
14.	Statements of interest by office holders in relation to the performance of certain functions.
15.	Gifts to office holders.

PART IV

The Public Service

16.	Statements by Attorney General.
17.	Designated directorships.
18.	Designated positions of employment.
19.	Special advisers.
20.	Provisions relating to statements under sections 17 to 19.

PART V

The Commission

21.	Establishment, membership and functions of Commission.
22.	Complaints to Commission.
23.	Investigations by Commission.
24.	Reports by Commission.
25.	Guidelines and advice from Commission.
26.	Award of costs by Commission.
27.	Annual and special reports by Commission.

PART VI

Miscellaneous

28.	Action by Houses where reports laid before them.
29.	Statements of interests outside periods specified in sections 5, 13 and 20.
30.	Voluntary statements.
31.	Discontinuance of investigations.
32.	Powers of Committees and Commission.
33.	Independence of Commission.
34.	Retention of statements and matters concerning legal or medical services.
35.	Prohibition of disclosure of information.
36.	Obligation to comply with determinations of Committees and Commission.
37.	Provisions in relation to offences.
38.	Amendment of Prevention of Corruption Acts, 1889 to 1916. (Repealed)

FIRST SCHEDULE

SECOND SCHEDULE

Number 22 of 1995

ETHICS IN PUBLIC OFFICE ACT 1995

REVISED

Updated to 1 March 2023

AN ACT TO PROVIDE FOR THE DISCLOSURE OF INTERESTS OF HOLDERS OF CERTAIN PUBLIC OFFICES (INCLUDING MEMBERS OF THE HOUSES OF THE OIREACHTAS) AND DESIGNATED DIRECTORS OF AND PERSONS EMPLOYED IN DESIGNATED POSITIONS IN CERTAIN PUBLIC BODIES, FOR THE APPOINTMENT BY EACH SUCH HOUSE OF A COMMITTEE, AND FOR THE ESTABLISHMENT OF A COMMISSION, TO INVESTIGATE CONTRAVENTIONS OF THIS ACT AND TO ESTABLISH GUIDELINES TO ENSURE COMPLIANCE THEREWITH, TO PROHIBIT THE RETENTION OF VALUABLE GIFTS BY HOLDERS OF CERTAIN PUBLIC OFFICES, TO AMEND THE PREVENTION OF CORRUPTION ACTS, 1889 TO 1916, AND TO PROVIDE FOR RELATED MATTERS. [22nd July, 1995]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations

Modifications (not altering text):

Functions transferred and references to “Minister for Public Expenditure, National Development Plan Delivery and Reform” and “Public Expenditure, National Development Plan Delivery and Reform” construed (1.03.2023) by Standards in Public Office (Transfer of Departmental Administration and Ministerial Functions) Order 2023 (S.I. No. 89 of 2023), arts. 2-4 and sch., in effect as per art. 1(2), subject to transitional provisions in arts. 4-8.

Note earlier change of name from Public Expenditure and Reform to Public Expenditure, National Development Plan Delivery and Reform (1.02.2023) by Public Expenditure and Reform (Alteration of Name of Department and Title of Minister) Order 2023 (S.I. No. 19 of 2023), in effect as per art. 1(2).

2. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 3 are transferred to the Department of Finance.

(2) References to the Department of Public Expenditure, National Development Plan Delivery and Reform contained in any Act or any instrument made under an Act and relating to the administration and business transferred by paragraph (1) shall, from the commencement of this Order, be construed as references to the Department of Finance.

3. (1) The functions vested in the Minister for Public Expenditure, National Development Plan Delivery and Reform by or under the provisions of an Act specified in column (1) of the Schedule are transferred to the Minister for Finance to the extent specified in column (2) of the Schedule opposite the mention of the Act so specified.

(2) References to the Minister for Public Expenditure, National Development Plan Delivery and Reform contained in any Act or instrument made under an Act and relating to any functions transferred by paragraph (1) shall, from the commencement of this Order, be construed as references to the Minister for Finance.

...

Schedule

Short Title of Act and Number	Provision
(1)	(2)
...	...
Ethics in Public Office Act 1995 (No. 22 of 1995)	The whole Act, other than the following provisions: (a) section 3 (in so far as it relates to the performance of any function that is not transferred by this Order); (b) section 4 (in so far as it relates to the sanctioning by the Minister for Public Expenditure, National Development Plan Delivery and Reform of certain expenses incurred in the administration of that Act); (c) subsection (2D), paragraph (c) of subsection (2H) and subsections (12) and (13) of section 21.
...	...

Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2).

2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.

(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.

3. The functions conferred on the Minister for Finance by or under the provisions of —

(a) the enactments specified in Schedule 1, and

(b) the statutory instruments specified in Schedule 2,

are transferred to the Minister for Public Expenditure and Reform.

...

5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.

...

Schedule 1

Enactments

...

Part 2

1922 to 2011 Enactments

Number and Year	Short Title	Provision
(1)	(2)	(3)
...	...	...
No. 22 of 1995	Ethics in Public Office Act 1995	The whole Act
...	...	...

Application of Act restricted (27.09.2006) by Aer Lingus Act 2004 (10/2004), s. 12(1), S.I. No. 475 of 2006.

Certain Acts not to apply to Company.

12.—(1) With effect from the coming into operation of this subsection, the Ethics in Public Office Acts 1995 and 2001, shall cease to apply to the Company.

Application of Act extended (1.01.2003) by Local Government Act 2001 (37/2001), s. 180, S.I. No. 218 of 2002.

Application of Ethics in Public Office Act, 1995, etc.

180.—(1) In this section “the Acts” means the Ethics in Public Office Act, 1995, and any other Act which is to be construed together as one with that Act.

(2) The Acts shall apply in relation to a local authority subject to the provisions of this section and with such other modifications as may be necessary and for that purpose—

(a) the powers of investigation and report conferred on the Commission apply in relation to a person to whom subsection (1) or (2) of section 167 relates,

(b) subsection (3) shall apply as regards a report prepared by the Commission,

(3) (a) Where a report prepared by the Commission relates to—

(i) a manager, it shall be furnished to the Cathaoirleach of the county council or city council concerned,

(ii) the Cathaoirleach of a local authority, it shall be furnished to the Leas-Chathaoirleach of the authority and to its manager,

(iii) any other member of a local authority, it shall be furnished to the Cathaoirleach of the authority and to its manager,

(iv) any employee of a local authority other than the manager, it shall be furnished to the manager of the local authority concerned, and

(v) any other person to whom subsection (1) or (2) of section 167 relates, it shall be furnished to the manager of the local authority concerned.

(b) Nothing in this subsection shall be read so as to prevent the furnishing of a report referred to in paragraph (a) to any other person in accordance with the Acts.

(4) (a) Where a report referred to in subparagraph (i), (ii) or (iii) of subsection (3)(a) is furnished to a local authority, it shall be considered by the elected council. The elected council shall decide on such action to be taken as may be considered appropriate in all the circumstances including, in the case of subparagraph (i) of subsection (3)(a), the exercise of powers of suspension or removal pursuant to section 146.

(b) Where a report referred to in subparagraph (iv) or (v) of subsection (3)(a) is furnished to a local authority it shall be considered by its manager. The manager shall decide on such action to be taken as may be considered appropriate in all the circumstances including, in the case of an employee, suspension with or without pay or termination of employment.

(5) Nothing in this section shall be read as prejudicing the Commission in carrying out the functions conferred on it by the Acts.

Construction of references amended (10.12.2001) by Standards in Public Office Act 2001 (31/2001), s. 15, S.I. No. 576 of 2001 and resolutions of both Houses of the Oireachtas. See s. 21 for establishment of the Commission.

Adaptation of references in Principal Act and Act of 1997.

15.—(1) In the Principal Act, the Act of 1997 and every other Act of the Oireachtas and every instrument made under any of the Acts aforesaid—

(a) references to the Public Offices Commission shall be construed as references to the Commission, and

(b) references to the chairman of the Public Offices Commission shall be construed as references to the chairperson of the Commission.

Registration dates specified (10.12.2001) by Standards in Public Office Act 2001 (31/2001), s. 12, S.I. No. 576 of 2001 and resolutions of both Houses of the Oireachtas.

Registration date.

12.—For the purposes of the Principal Act and notwithstanding anything in that Act—

(a) in relation to Dáil Éireann and its members and Clerk, the registration date immediately following 31 January 2001 shall be 31 December 2001, and each subsequent registration date shall be the date of each anniversary of the latter date or, if on any such date (“the specified date”) Dáil Éireann stands dissolved, the date that is 30 days after the date of the first meeting of Dáil Éireann after the specified date, and

(b) in relation to Seanad Éireann and its members and Clerk, the registration date immediately following 31 January 2001 shall be 31 December 2001, and each subsequent registration date shall be the date of each anniversary of the latter date or, if on any such date Dáil Éireann stands dissolved, the date that is 30 days after the date of the first meeting of Seanad Éireann after the first general election for members of Seanad Éireann after that dissolution.

Application of Act restricted (15.07.1999) by Postal and Telecommunications Services (Amendment) Act 1999 (5/1999), s. 10, S.I. No. 220 of 1999.

Non-application of certain Acts.

10.—The Ombudsman Act, 1980, the Ethics in Public Office Act, 1995, the Prompt Payment of Accounts Act, 1997, and section 521 of the Taxes Consolidation Act, 1997, shall not apply to the company.

Editorial Notes:

Secretary to the Standards in Public Office Commission prescribed to be recipient of disclosures of relevant wrongdoings in relation to certain matters relating to the supervision of the collectively cited Ethhics in Public Office Acts for purpose of Protected Disclosures Act 2014 (14/2014) (23.07.2014) by Protected Disclosures Act 2014 (Section 7(2)) Order 2014 (S.I. No. 339 of 2014).

Previous affecting provision: application of collectively cited Prevention of Corruption Acts 1889-2001 extended (21.12.2009) by National Asset Management Agency Act 2009 (34/2009), s. 16, S.I. No. 545 of 2009; collectively cited Acts repealed (30.07.2018) by Criminal Justice (Corruption Offences) Act 2018 (9/2018), s. 4 and sch. 2, S.I. No. 298 of 2018.

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Ethics in Public Office Act 1995