Ethics in Public Office Act 1995

Statements by Attorney General.

16

16.(1) A person who holds or held the office of Attorney General—

(a) shall, subject to section 20 (3), in each year during any part of which he holds or held that office prepare and furnish to the Taoiseach and the Commission a statement in writing of—

(i) the interests of the person, and

(ii) the interests of which he or she has actual knowledge of his or her spouse F41[or civil partner] or a child of the person or of his or her spouse,

during the appropriate period specified in section 20 (1) which could materially influence the person in or in relation to the performance of the functions of that office by reason of the fact that such performance could so affect those interests as to confer on or withhold from the person or the F42[spouse or civil partner or child a substantial benefit], and

(b) in any case where such a function falls to be performed and he or she has actual knowledge that he or she or a connected person has a material interest in a matter to which the function relates shall, before or as soon as may be after such performance, prepare and furnish to the Taoiseach and the Commission a statement in writing of those facts and of the nature of the interest.

(2) F43[(a) Section 20 shall apply to a statement under subsection (1)(a) with the modifications that the references in that section to section 19(3)(a)(i) shall be construed as references to subsection (1)(a), the references to the special advisership shall be construed as references to the office of Attorney General and with any other necessary adaptations.]

(b) Subsection (2) of section 29 shall apply to the interests specified in subsection (1) (a) and to a person who holds the office of Attorney General as if the references in that subsection to sections 17 (1) (a), 18 (2) (a) and 19 (3) (a) (i) included references to subsection (1) (a) and with any other necessary adaptations.

(3) References in this section to the performance of a function of the office of Attorney General are references to the performance of the function by the holder of that office personally or by another person in pursuance of a direction given to the person, in relation to the particular matter concerned, by such holder personally or a person acting on behalf of and with the personal knowledge of such holder.

(4) Where a person who holds the office of Attorney General is a member—

(a) paragraph (a) of subsection (1) shall not apply to the person as respects the interests, during the period of the person's membership, of the persons specified in that paragraph, and

(b) paragraph (b) of that subsection shall not apply to the person during the period of the person's membership.

Annotations

Amendments:

F41

Inserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 97 and sch. part 1, item 16, S.I. No. 648 of 2010.

F42

Substituted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 97 and sch. part 1, item 16, S.I. No. 648 of 2010.

F43

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.