Ethics in Public Office Act 1995

Prohibition of disclosure of information.

35

35.—(1) A person shall not disclose information obtained by him or her under this Act F92[or the Regulation of Lobbying Act 2015] or by being present at a sitting of a Committee or Commission held in private.

(2) Subsection (1) does not apply to—

(a) the disclosure of information in the public interest by a Minister of the Government,

(b) the disclosure of information contained in—

(i) a statement under section 13 or 14 (1) or a statement under F93[section 29(1)] in relation to an interest specified in section 13,

(ii) a statement under section 17 or 18 or a statement under section 29 (2) in relation to an interest specified in section 17 or 18, or

(iii) a statement under section 19 or a statement under section 29 (2) in relation to an interest specified in section 19,

by a person to whom the statement is furnished under this Act (“the first-mentioned person”) to—

(I) in the case of a statement referred to in subparagraph (i), such Minister of the Government,

(II) in the case of a statement referred to in subparagraph (ii), such directors of, or persons occupying positions of employment in, the public body concerned, and

(III) in the case of a statement referred to in subparagraph (iii), such persons,

as the first mentioned person considers appropriate in a case where that person is of opinion that the information is such as to show that there may exist a conflict between an interest specified in the statement, or an undisclosed interest, of the person by whom the statement is furnished as aforesaid and the public interest,

(c) the disclosure of information by a person—

(i) in the performance of his or her functions, or

(ii) in the public interest, to a Minister of the Government, the Secretary to the Government, a Committee, the Commission or a person standing determined for the time being under section 18 as a relevant authority, or

(iii) pursuant to an order of a court for the purpose of proceedings in that court, F94[…]

(d) the disclosure, by or with the consent of the person to whom the information relates, of information contained in a report of a Committee under section 10 or the Commission under section 24 that has not been laid before either F95[House, or]

F92[(e) the disclosure of information for inclusion in the Register of Lobbying in a report under section 25 of the Regulation of Lobbying Act 2015.]

(3) A person who contravenes subsection (1) shall be guilty of an offence.

Annotations

Amendments:

F92

Inserted (1.09.2015) by Regulation of Lobbying Act 2015 (5/2015), s. 27(c) and (d), S.I. No. 152 of 2015.

F93

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.

F94

Deleted (1.09.2015) by Regulation of Lobbying Act 2015 (5/2015), s. 27(d)(i), S.I. No. 152 of 2015.

F95

Substituted (1.09.2015) by Regulation of Lobbying Act 2015 (5/2015), s. 27(d)(ii), S.I. No. 152 of 2015.

Modifications (not altering text):

Editorial Notes:

E59

Previous affecting provision: (15.01.1997) Ethics in Public Office (Prescribed Public Body, Designated Directorships and Designated Positions in Public Bodies) Regulations 1997 (S.I. No. 32 of 1997), reg. 6; revoked (10.12.2001) by Standards in Public Office Act 2001 (31/2001), s. 28(3)(b), commenced (with restrictions) by S.I. No. 576 of 2001. Non-textual amendment in S.I. No. 32 of 1997, reg. 6 replaced as per F-note above.