Grangegorman Development Agency Act 2005

Declarations of interests.

28

28.—(1) On his or her appointment, the chief executive and each member of the Agency and a committee and a director of a subsidiary, shall make a declaration in writing of his or her interests to the Minister, in such form as the Minister, following consultation with the Minister for Finance, may specify.

(2) On his or her appointment, each consultant or adviser and each member of the staff of the Agency at a grade or level specified before the appointment by the Agency, following consultation with the Minister, shall declare his or her interests in writing to the chairperson of the Agency and the chairperson shall inform the Agency at its next meeting of the interests declared and the names of those making the declarations.

(3) A person to whom subsection (1) or (2) applies shall, throughout the tenure of his or her appointment, amend and update his or her declarations of interests as required by the Minister or the Agency, as the case may be, of any changes in the interests held by the person.

(4) ( a) A statement of the interests declared under subsection (1) shall be included in the next report prepared in accordance with section 36 following the making of the declaration and any subsequent changes in a declaration shall also be included in a statement in the next available report.

( b) The form and content of the statement to be included in such report shall be agreed between the chairperson of the Agency, the Minister and the Minister for Finance.

( c) Notwithstanding the provisions of paragraph (a), it shall not be necessary to specify in a statement in such report the amount or monetary value of any interest, or the remuneration of any trade, profession, or employment included in the statement.

(5) In this section—

“employment” includes—

( a) full-time employment,

( b) part-time paid employment, where such employment is ongoing in the year of appointment or which arises in subsequent years,

( c) temporary paid employment, being for a period of 16 weeks or more in the year of appointment or in subsequent years, or

( d) being retained under contract, directly or indirectly, in any capacity as an adviser, consultant or lobbyist, or for the provision of services, by or in any business related to the functions of the Agency;

“interests” includes—

( a) employment by or on behalf of—

(i) any business related to the functions of the Agency,

(ii) any organisation representative of any business related to the functions of the Agency,

( b) ownership of any business related to the functions of the Agency,

( c) shares in, bonds or debentures of, or other like investments in any business related to the functions of the Agency, where the aggregate of such holdings exceed €13,000,

( d) a directorship or shadow directorship (within the meaning of the Companies Acts 1963 to 2003) in any business related to the functions of the Agency, held currently or during the previous 2 years, or

( e) gifts of travel, holidays, transport, or other benefits, (in excess of €650) including benefits from any beneficial interest in or connected with any business related to the functions of the Agency, during the previous 2 years which were received by the person being appointed or by his or her spouse F5 [ or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 ];

“ownership” includes any proprietary interest in any business related to the functions of the Agency, whether that interest is freehold, leasehold or beneficial, and applies where the interest—

( a) is held solely by the person being appointed or shared with one or more persons, and

( b) at the time of appointment, has a value of €20,000.

(6) The Agency shall, for the purposes of this section, keep a register (which is in this section referred to as the “register of interests”) and shall enter therein the particulars contained in declarations given to the Minister or the Agency under this section.

(7) The register of interests shall be available for inspection by any person at the Agency's headquarters during office hours and a copy of the register or any entry in the register may be obtained by any person on the payment to the Agency of such fee (if any) as the Agency shall fix not exceeding the reasonable cost of making a copy.

(8) Where a person to whom subsection (1) applies fails to make a declaration in accordance with that subsection or to update such declaration in accordance with subsection (3), the Minister shall decide the appropriate course of action (including removal from office) to be taken.

(9) Where a person to whom subsection (2) applies fails to make a declaration in accordance with that subsection or to update such declaration in accordance with subsection (3), the Agency shall decide the appropriate course of action (including removal from office or termination of contract) to be taken.

Annotations

Amendments:

F5

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

Modifications (not altering text):

C10

Functions transferred and references to“Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 3, 5 and sch. 1 part 2, in effect as per art. 1(2), subject to transitional provisions in arts. 6-9.

3. The functions conferred on the Minister for Finance by or under the provisions of —

(a) the enactments specified in Schedule 1, and

(b) the statutory instruments specified in Schedule 2,

are transferred to the Minister for Public Expenditure and Reform.

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5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.

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Schedule 1

Enactments

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Part 2

1922 to 2011 Enactments

Number and Year

Short Title

Provision

(1)

(2)

(3)

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No. 21 of 2005

Grangegorman Development Agency Act 2005

Sections 10, 11(2)(a), 13, 14, 20(6), 28(1) and (4)(b), 32(5) and 41(3)

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