Donations Parties must make a return of all donations over a certain amount. The return must be made annually. It must give details of the donors. Donations received by subsidiary organizations under the umbrella of a political party must also be returned. This may include a branch or association controlled by the party or its officials. Each member of the Oireachtas, European Parliament must make […]
Presidential Elections The President is elected directly. The Presidential Elections Act, 1993 and the Electoral Acts, generally apply. The Presidential elections take place within sixty days of the end of the President’s seven-year term. Where the President’s term ends early by death, resignation or incapacity, the election must be held within sixty days. The Minister for the Environment appoints the day of the election. The […]
Control of disbursements Upon receipt of a requisition in that behalf from the Minister, the Comptroller and Auditor General shall, if he is satisfied as to the correctness thereof, grant to the Minister, on the account of the Exchequer at the Central Bank or on the growing balance thereof, credits— that are to meet disbursements in respect of supply services and do not exceed the […]
Updated Governance The National Treasury Management Agency (Amendment) Act 2014 streamlines and simplifies the governance structures at the National Treasury Management Agency (NTMA) to enable a more integrated approach to the performance of its functions which have grown considerably since the Agency was established in 1990. The Agency will be reconstituted as a body with a Chairperson and other members who will have over-arching responsibility […]
ESM The European Stability Mechanism assumes the tasks of the European Financial Stability Facility and the European Financial Stabilisation Mechanism to provide financial assistance to Euro Area Member States. It follows the decision of the heads of government on July 2011 to increase the flexibility of the ESM. The European Stability Mechanism Act 2012 provides for participation by Ireland in the permanent stability mechanism to […]
Establishment On 9 May 2010, a comprehensive package of measures was decided including Council regulation establishing the European Financial Stabilisation Mechanism based on the Treaty on the functioning of the European Union and the European Financial Stability Facility in order to finance and support Euro Area Member States in difficulties caused by exceptional circumstances beyond their control. It was envisaged that the support would be […]
Commission The Commission of Investigation (Mother and Baby Homes and certain related Matters) Records, and another Matter Act 2020 deals with the arrangements for the transfer and management of the records of the commission of investigation established by the Commission of Investigation (Mother and Baby Homes and certain related Matters) Order 2015 (S.I. No. 57 of 2015), upon its dissolution. The Commission of Investigation (Mother […]
Cervical Tribunal Act 2019 The Act provides for the establishment of an independent statutory tribunal to deal with claims arising from specified reviews related to the CervicalCheck Screening Programme and in doing so it implements the recommendations made by Mr Justice Charles Meenan in his Report on an Alternative System for Dealing With Claims Arising From CervicalCheck. Judge Meenan was asked by Government to make […]
Introduction The purpose of the The National Oil Reserves Agency (Amendment) and Provision of Central Treasury Services Act 2020is to amend the National Oil Reserves Agency Act 2007 (as amended) to provide for the establishment of the Climate Action Fund on a statutory basis, extend the purposes for which the levy on relevant disposals of petroleum products is paid to include providing funding to the […]
Purpose of the Act The purpose of the National Surplus (Reserve Fund for Exceptional Contingencies) Act 2018 is to provide the legislative basis for establishment of a new Fund, the National Surplus (Exceptional Contingencies) Reserve Fund. The Fund is intended to be a reserve into which sums will be transferred from the assets of the Ireland Strategic Investment Fund, and from the Exchequer. The Fund […]
Purpose of Act The purpose of the House of the Oireachtas (Inquiries, Privileges and Procedures) Act is to establish a comprehensive statutory framework for the Oireachtas to conduct inquiries within the current constitutional framework as set down by the Supreme Court in Maguire v Ardagh [2002] 1 IR 385 (The Abbeylara judgment). The Abbeylara case decided that Oireachtas inquiries do not have the power, in […]
Regulation of Lobbying (Amendment) Act 2023 The purpose of the Regulation of Lobbying (Amendment) Act 2023 (the Act) is to amend the Regulation of Lobbying Act 2015 (the Act) to build on the existing strong legislative foundation and further strengthen Ireland’s lobbying laws to ensure that the regulation of lobbying framework remains up to date and fit for purpose. The Act provides for: the strengthening […]
Overview of Establishment This Minister and Secretaries Act 2012 provides for the establishment of the Department of Public Expenditure and Reform and for the transfer of certain functions from the Minister for Finance to the Minister for Public Expenditure and Reform. In general terms, the Act provides that the following broad functions will be transferred to the Minister for Public Expenditure and Reform: the entirety […]
Allow Redeployment The purpose of the 2013 Act is to amend the Public Service Management (Recruitment and Appointments) Act 2004 to: provide for the removal of legislative barriers to redeployment and mobility within the public service by broadening the definition of public service body to encompass all public service employers except commercial State bodies and their subsidiaries; empowering the Public Appointments Service (PAS) to designate […]
FEMPI Act 2015 Between 2009 and 2013, there were five Financial Emergency Measures in the Public Interest (FEMPI) Acts passed to reduce the remuneration of public servants and pensions payable to former public servants. The Financial Emergency Measures in the Public Interest Act 2015 amends these previous Acts to begin a partial and phased restoration of the reductions made by them, as agreed by the […]
FEMPI Acts There have been a number of Financial Emergency Measures in the Public Interest Act. The Acts were introduced in the context of stabilization of public finances. A €2 billion reduction was required in expenditure. The first 2009 Act provided for a pensions levy. The second 2009 Act required a reduction in the remuneration of all public servants. Public servants were widely defined to […]
General The Fiscal Responsibility Act makes provision for securing that the rules in Article 3 of the Treaty on Stability, Coordination and Governance in the Economic and Monetary Union take effect as part of the law of the State as required by that Treaty. The purpose of the Fiscal Responsibility Act 2012 is to make provision for securing that the rules in Article 3 of […]
Tribunals There is a very wide range of so-called quasi-judicial bodies which administer various laws in the governmental and public service. They may have many of the characteristics of a court in that they could resolve matters of citizens’ rights. These are typically rights under the statutory schemes provided by the State. In many respects they operate in a similar way to a court. Tribunals […]
Statutory Purpose of NAMA The purpose of NAMA is to address the serious threat to the economy, to secure the stability of credit institutions and to deal with the need for the maintenance and stabilisation of the financial system in the State. In doing this, its further purposes are to address the compelling need:- to resolve the financial crises and achieve a recovery in the […]
Overview The Civil Service is not a homogeneous body. There are civil servants of government departments. There are civil servants of the other major institutions bodies under the Constitution and statute who are not civil servants of the government. Those established under the Constitution include persons working in the office of the Attorney General’s office, the Controller and Auditor General, the President and the Oireachtas. […]
The Civil Service The Civil Service, in the narrow sense, is a much smaller category than the public service. Civil servants are employed directly by a government department or other state institutions under the Constitution. Members of The Civil Service are selected by the Public Appointments Service. Ministers appoint Civil Servants in such numbers and grades as are approved by the Department of Finance. 2004 […]
Overview The Public Service Management Act 1997 provided for a new management structure to enhance the effectiveness and transparency of the operations of Departments of State and certain other offices of the public service. It sought to increase accountability of civil service while preserving the discretion of the government in relation to its responsibility to Dáil Éireann. It sought to provide for the administration of […]
New Entrants The Public Service Superannuation (Miscellaneous Provisions) Act 2004 made significant changes for new entrants to the public service after 1 April 2004. The minimum age for receiving a pension should generally be 65. There should be no compulsion for persons to retire at a particular age if they are fit and willing to remain in employment. Superannuation includes any pension, gratuity or other […]
Types There are a number of types of public inquiry and Commissions of Investigation provided for under legislation. In addition, there are a number of areas in which there are general powers to appoint inspectors to investigate and report on matters. The most general such power is under the Companies Act by which the Minister for Enterprise may appoint Inspectors to investigate the affairs of […]
Types Tribunals of Inquiry have been established since before the foundation of the State on a range of matters. These include major accidents and incidents, allegations of corruption and wrongdoing, accidental deaths, accidents and disasters. A Tribunal is not a court. It does not determine rights or impose liability, either civil or criminal. However, they make recommendations or findings and may have an impact on […]
Registration of Lobbying A lobbyist must be registered before carrying on lobbying activities unless it is the first time to lobby. In that case the registration and the return must be completed before the next return date. The Commission maintains a register of lobbyists. The Standards in Public Office Commission is Registrar. The information to be supplied when registering or in a return will be […]
2015 Act The purpose of the Registration of Lobbying Act 2015 is to provide for a register of lobbying to make information available to the public on the identity of those communicating on specific policy, legislative matters or prospective decisions with designated public officials. The Act allows for the development of a code of conduct by the Standards in Public Office Commission (Commission). It also […]
The Commission The Electoral provides for the establishment of the Electoral Commission, which will conduct a range of electoral functions and oversee Ireland’s electoral system and processes. The Commission initially comprises seven members – a chairperson who is a serving or retired senior court judge nominated by the Chief Justice, two ex officio members (the Clerk of the Dáil and the Ombudsman) and four ordinary members. […]
Online Political Advertising Electoral Reform Act 2022 out the regulatory framework to ensure transparency regarding online political advertisements purchased for placement, display, promotion or dissemination during electoral periods. This is required to be commenced. The general Electoral Act provisions on advertisements apply to the purchase, whether directly or indirectly or through an intermediary, for placement, display, promotion or dissemination on an online platform of a […]
Inclusion of Agencies The Minister may, after consultation with the Ombudsman, the Ombudsman for Children and such committee of the Houses of the Oireachtas as he or she considers appropriate, and with the consent of such other Minister (if any) as appears to the Minister to be responsible for the entity in question, and having regard to the need to ensure appropriate accountability and oversight […]
Constitutional Conventions This Electoral (Amendment) (No. 2) Act 2012 makes provision for the use of information in the electoral register for selecting citizen members of the Constitutional Convention. Information in the electoral register, including any draft register or supplement to the register, may be used for the purpose of selecting citizen members of the Constitutional Convention. The Electoral (Amendment) Act 2016 makes provision in statute […]
Local Elections Local elections are held every five years on a single date nominated by the Minister for Environment and Local Government. The requirement to hold local elections is now specified in the Constitution, after a 1999 amendment. The Minister for Environment divides councils into electoral areas. The smaller local authorities are single constituencies. Anybody ordinarily resident in the local area over 18 years is […]
2011 Commission This Electoral (Amendment) Act 2011 provides for the revision of the terms of reference of a Constituency Commission, The terms of reference of a Constituency Commission are required to recommend Dáil constituencies based on an overall number of members of Dáil Éireann between a minimum of 152 and a maximum of 160. The number of members of Dáil Éireann recommended by a Commission […]
Political Funding The Electoral (Amendment) (Political Funding) Act 2012 amends he Electoral Act 1997, the Local Elections (Disclosure of Donations and Expenditure) Act 1999 and the Electoral Act 1992 to provide for: a ban on the acceptance of donations over €200 for political purposes from a corporate donor unless the donor has registered with the Standards in Public Office Commission; the establishment of a register […]
Ethics Legislation The Ethics in Public Office Act was enacted in 1995 following long-standing criticism about the lack of transparency in many aspects of public affairs. Conflicts of interest and questionable use of discretionary powers had been recently highlighted by the Beef Tribunal. The Prevention of Corruption legislation and the Ethics in Public Office legislation applies to elected members and the officers and the executives […]
Presumptions Relating to Corruption I If it is proved that a gift, consideration or advantage is given to an official by a person with an interest in the functions of the official, then it is presumed that it has been given and received corruptly as an inducement or reward for the official acting in relation to those functions. The presumption operates whether the gift etc. […]
Key Definitions “Corruptly includes acting with an improper purpose personally or by influencing another person, whether— by means of making a false or misleading statement, by means of withholding, concealing, altering or destroying a document or other information, or by other means; The definition is intended not to be exhaustive, but to allow for “corruptly” to be construed in the context of the terms which […]