Ethics in Public Office Act 1995

Designated directorships.

17

17.—(1) A person who holds or held a designated directorship of a public body specified in subparagraphs (8) to (12), or standing prescribed under subparagraph (13), of paragraph 1 of the First Schedule—

(a) shall, subject to section 20 (3), in each year during any part of which he or she holds or held the directorship, prepare and furnish to the Commission and to such officer of the body as may be determined by the Minister 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 F44[or civil partner] or a child of the person or of his or her spouse F44[or civil partner],

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 the directorship by reason of the fact that such performance could so affect those interests as to confer on or withhold from the person or the F45[spouse or civil partner or child a substantial benefit], and

(b) in any case where such a function, or a function of any other office or position held by the person in that public body, 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—

(i) shall, as soon as may be, prepare and furnish to the other directors of the body a statement in writing of those facts,

(ii) shall not perform the function unless there are compelling reasons requiring him or her to do so, and

(iii) shall, if he or she proposes to perform the function, prepare and furnish to the other directors of the body and to the Commission, before or, if that is not reasonably practicable, as soon as may be after such performance, a statement in writing of the compelling reasons aforesaid.

(2) There shall be deemed to be included in the terms on which a person holds a designated directorship referred to in subsection (1) a term that the person shall comply with that subsection.

Annotations

Amendments:

F44

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 17, S.I. No. 648 of 2010.

F45

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 17, S.I. No. 648 of 2010.

Modifications (not altering text):

C12

Application of section extended (10.12.2001) by Standards in Public Office Act 2001 (31/2001), s. 11, S.I. No. 576 of 2001 and resolutions of both Houses of the Oireachtas.

Provisions in relation to statements under sections 17 and 18 of Principal Act.

11.—An individual to whom a statement in writing is furnished pursuant to section 17 or 18 of the Principal Act—

(a) may request the person who so furnished it ("the furnisher") to provide him or her with information in relation to the statement or any matter arising in connection with it,

(b) if he or she considers that the furnisher may have contravened Part IV, he or she may make a complaint in writing in relation to the matter to the Commission—

(i) in case the furnisher is a civil servant (within the meaning of the Civil Service Regulation Act, 1956), under paragraph (d) of section 22(4) of the Principal Act as if the individual was the appropriate authority in relation to the civil servant (within the meaning aforesaid) and the said paragraph (d) and any other relevant provision of the Principal Act shall apply accordingly as if the individual was such an authority with any necessary modifications,

(ii) in any other case, under paragraph (c) of the said section 22(4) as if the individual was the public body concerned and the said paragraph (c) and any other relevant provision of the Principal Act shall apply accordingly as if the individual was such a body with any necessary modifications,

and

(c) if the Commission carries out an investigation under section 23 of the Principal Act into the matter, shall furnish to the public body concerned a copy of the report in writing of the Commission of the result of the investigation a copy of which is furnished to the individual.