8.—(1) Each House shall as soon as may be after the commencement of this section and, thereafter, as soon as may be after the first meeting of that House subsequent to a general election for members of that House appoint a select committee which shall be known—

(a) in the case of the committee appointed by Dáil Éireann as the Committee on Members' Interests of Dáil Éireann, and

(b) in the case of the committee appointed by Seanad Éireann, as the Committee on Members' Interests of Seanad Éireann,

to perform the functions conferred on it by this Act.

F13[(1A) Notwithstanding subsection (1), a House may by resolution change the name of the committee appointed by it under this section to another name, and whenever the name of such a committee is so changed, references in this Act to the first-mentioned name shall be construed as references to that other name.]

(2) A person (other than a member) who considers that a member (other than a member who is or, at the relevant time, was an office holder) may have contravened section 5 or 7 F14[or done a specified act] may make a complaint in writing in relation to the matter to the Clerk and, subject to subsection (3), the Clerk shall refer the matter to the Committee and shall furnish a copy of the complaint to the Committee.

(3) The Clerk concerned shall consider a complaint under subsection (2) and, if the Clerk is of opinion that it is frivolous or vexatious F15[or that there is not sufficient evidence to establish a prima facie case in relation to the complaint], he or she—

(a) shall not refer it to the Committee, and

(b) shall prepare a statement in writing of the reasons for his or her opinion and furnish a copy of it to—

(i) the person who made the complaint,

(ii) the member concerned, and

(iii) the Committee.

(4) A member who considers that a member (other than a member who is or, at the relevant time, was an office holder) may have contravened section 5 or 7 F16[or done a specified act] may make a complaint in writing in relation to the matter to the Committee F17[…].

(5) A complaint may not be made under this section in respect of a person who has ceased to be a member.

F18[(6) The functions of the Clerk of Dáil Éireann under this section may be performed by the Clerk-Assistant of Dáil Éireann during any period when—

(a) the Clerk of Dáil Éireann is, by reason of illness or otherwise, unable to perform those functions, or

(b) the office of Clerk of Dáil Éireann is vacant.

(7) The functions of the Clerk of Seanad Éireann under this section may be performed by the Clerk-Assistant of Seanad Éireann during any period when—

(a) the Clerk of Seanad Éireann is, by reason of illness or otherwise, unable to perform those functions, or

(b) the office of Clerk of Seanad Éireann is vacant.]