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ETHICS IN PUBLIC OFFICE ACT, 1995
Statements of office holders' additional interests for Clerks.
13. —(1) A person who is an office holder on a registration date shall prepare a statement in writing, in such form as may be determined by the Minister or in a form to the like effect, of his or her additional interests (if any) and containing appropriate information in relation to such matters (if any) respecting those interests as may be specified in the first-mentioned form, being additional interests of the person—
(a) if the person is an office holder on the first registration date, at any time during the period from the passing of this Act to that date, and
(b) if the person is an office holder on a subsequent registration date, at any time when he was an office holder during the period between that registration date and the last previous registration date.
(2) It shall not be necessary to specify in a statement under subsection (1) the amount or monetary value of any additional interest or the remuneration of any trade, profession, employment, vocation or other occupation included in the statement.
(3) The Clerk shall, as soon as may be after the receipt by him or her of a statement under subsection (1), furnish a copy thereof to the Commission and (if it is a statement of a Minister of the Government or a Minister of State) the Taoiseach.
(4) A statement under this section of a person who is an office holder on any registration date shall be furnished by the person to the Clerk not later than 30 days after that date.
(5) In this section “additional interest”, in relation to an office holder, means any interest specified in the Second Schedule of which the office holder has actual knowledge of—
(a) the spouse of the office holder, or
(b) a child of the office holder or of his or her spouse,
which could materially influence the office holder in or in relation to the performance of the functions of his or her office by reason of the fact that such performance could so affect those interests as to confer on or withhold from the office holder or the spouse or child a substantial benefit.
Statements of interest by office holders in relation to the performance of certain functions.
14. —(1) An office holder who proposes to perform a function of his or her office and who has actual knowledge that—
(a) he or she or a connected person or another office holder, or
(b) a person who is specified in a statement under subsection (2) furnished to the office holder by another office holder and who is, in relation to that other office holder, a connected person,
has a material interest in a matter to which the function relates shall, before or, if that is not reasonably practicable, as soon as may be after such performance, prepare and furnish—
(i) in the case of the Taoiseach, to the chairman of the Commission,
(ii) in the case of any other Minister of the Government or a Minister of State, to the Taoiseach and the Commission, and
(iii) in the case of any other office holder, to the Commission,
a statement in writing of those facts and of the nature of the interest.
(2) Where an office holder or a person acting on behalf of an office holder proposes to make a request to another office holder (“the second holder”) in relation to the performance of a function by the second holder and the office holder by or on whose behalf the request is made (“the first holder”) has actual knowledge that he or she or a connected person has a material interest in a matter to which the function relates, the first holder shall, before or at the time of the making of the request, furnish to the second holder a statement in writing of those facts and of the nature of the interest.
(3) Where the knowledge or belief of an office holder that—
(a) another office holder who is a member of the Government, or
(b) a person who in relation to that other officer is a connected person,
has a material interest in a matter to which a function of the Government relates derives solely from information in a statement made by that other office holder at or for the purposes of a meeting of the Government, subsection (1) shall not, as respects that interest, apply to the first-mentioned office holder, but the Taoiseach shall, before or as soon as may be after the performance of the function, cause a statement in writing in relation to that interest to be prepared and furnished to the Commission.
(4) References in this section to the performance of a function of the office of an office holder are references to the performance of the function by the office holder personally or by another person in pursuance of a direction given to the person, in relation to the particular matter concerned, by the office holder personally or a person acting on behalf of and with the personal knowledge of the office holder.
Gifts to office holders.
15. —(1) Subject to the provisions of this section, where a gift the value of which exceeds £500 is given to an office holder by virtue of his or her office—
(a) the property the subject of the gift shall be deemed to be a gift given to the State and shall vest in the Minister,
(b) the office holder shall, as soon as may be, inform the Secretary to the Government of the gift and shall retain custody of the property on behalf of the State until arrangements are made in relation thereto under paragraph (c) and the office holder shall dispose of the property in accordance with those arrangements when so directed by the Secretary to the Government, and
(c) the Secretary to the Government shall arrange, in accordance with the general directions of the Government, for—
(i) custody of the property by or on behalf of the State (including the giving of it on loan to a person), or
(ii) its disposal, whether by sale or gift,
and shall dispose, in accordance with those general directions, of any proceeds of such a loan or sale (including by their payment into the Exchequer or disposal for charitable purposes).
(2) For the purposes of subsection (1), a gift given to—
(a) an office holder,
(b) the spouse of an office holder, or
(c) a child of an office holder or of his or her spouse,
is given to the office holder by virtue of his or her office unless the gift is given—
(i) as a donation, or
(ii) by a friend or relative of the recipient and for personal reasons only, or
(iii) by virtue of an office (other than that by reference to which a person is an office holder) or position held or the status enjoyed by the recipient.
(3) The Secretary to the Government shall, in accordance with the general directions of the Government—
(a) determine, for the purposes of subsection (1), the value of property the subject of a gift given to an office holder by virtue of his or her office, and
(b) determine, for the purposes of subsections (1) and (2), the question whether a gift is given to an office holder by virtue of his or her office,
if there is a doubt in relation to the value aforesaid or, as the case may be, the question aforesaid.
(4) (a) Subject to paragraphs (b) and (c), the Government shall draw up and publish to office holders guidelines concerning the steps to be taken by an office holder if—
(i) he or she, or
(ii) the spouse of the office holder, or
(iii) a child of the office holder or of his or her spouse,
is offered or supplied with—
(I) property or a service at a price that is less than the commercial price of the property or service, as the case may be,
(II) a loan of property free of charge or for a consideration that is less than the commercial consideration for the loan, or
(III) a service free of charge.
(b) Paragraph (a) does not apply to property, a loan of property or a service—
(i) offered or supplied—
(I) as a donation,
(II) by a friend or relative of the person to whom the offer or supply is made and for personal reasons only,
(III) by virtue of an office (other than one by reference to which a person is an office holder) or position held or status enjoyed by the person to whom it is offered or supplied,
(ii) the offer or supply of which is not intended or calculated to confer, and does not confer, directly or indirectly, a benefit on the office holder concerned.
(c) The Government shall cause a draft of any proposed guidelines under paragraph (a) to be given to the Commission and shall, before drawing up the guidelines, consider any submissions made to them by the Commission in relation to the draft.
(d) Office holders shall act in accordance with guidelines published to them under this subsection.
(5) Where, for any reason, the Secretary to the Government is unable to perform his or her functions under this section or the position of Secretary to the Government is vacant, those functions may be performed by such other person as the Taoiseach may determine.
(6) Section 19 (2) of the State Property Act, 1954 , shall not apply to a gift to which this section applies but where land vests in the Minister by virtue of subsection (1), the land shall become and be State land for the purposes of that Act and may be dealt with accordingly.
(7) In this section, “donation” means a contribution for political purposes.