Ethics in Public Office Act 1995

Provisions in relation to offences.

37

37.—(1) A person guilty of an offence under this Act shall be liable—

(a) on summary conviction, to a fine not exceeding £1,000 or to imprisonment for a term not exceeding 6 months or to both, or

(b) on conviction on indictment, to a fine not exceeding £20,000 or to imprisonment for a term not exceeding 3 years or to both.

(2) Where an offence under this Act is committed by a body corporate and is proved to have been so committed with the consent or connivance of or to be attributable to any neglect on the part of any person, being a director, manager, secretary or other officer of the body corporate, or a person who was purporting to act in any such capacity, that person, as well as the body corporate, shall be guilty of an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.

Annotations

Modifications (not altering text):

C24

Application of section extended (10.12.2001) by Standards in Public Office Act 2001 (31/ 2001), s. 17, S.I. No. 576 of 2001 and resolutions of both Houses of the Oireachtas. Resolution of Dáil Éireann: Debates Volume 546, 06 December, 2001. Resolution of Seanad Éireann: Debates Volume 168, 28 November, 2001.

Obstruction.

17.—A person who by act or omission obstructs or hinders a Committee, the Commission, an inquiry officer or a person who is a member of the staff of a Committee or the Commission or is carrying out an examination pursuant to section 32(4A) of the Principal Act in the performance of the functions of the Committee, the Commission or the officer or person shall be guilty of an offence and section 37 of the Principal Act applies to such an offence as it applies to an offence under that Act.

C25

Application of section extended (10.12.2001) by Standards in Public Office Act 2001 (31/ 2001), s. 19(2), S.I. No. 576 of 2001 and resolutions of both houses of the Oireachtas. Resolution of Dáil Éireann: Debates Volume 546, 06 December, 2001. Resolution of Seanad Éireann: Debates Volume 168, 28 November, 2001.

Preservation of documents, etc.

19.—(1) A person who has in his or her possession or control a document or information in any form that he or she knows to be relevant to an investigation, or an intended investigation, of which he or she is aware, of a Committee or the Commission shall preserve the document or information until the investigation and any related proceedings are completed.

(2) A person who contravenes subsection (1) shall be guilty of an offence and section 37 of the Principal Act applies to such an offence as it applies to an offence under that Act.

Editorial Notes:

E60

A fine of £1,000 converted (1.01.1999) to €1,269.73. This translates into a class C fine not greater than €2,500 as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 6(2) and table ref. no. 2, S.I. No. 662 of 2010.

A fine of £20,000 converted (1.01.1999) to €25,394.76. This is multiplied by 1.75 to mean a fine of €44,440.83 as provided (4.01.2011) by Fines Act 2010 (8/2010), s. 9(1) and table ref. no. 1, S.I. No. 662 of 2010.