{"id":13246,"date":"2022-08-28T15:27:04","date_gmt":"2022-08-28T15:27:04","guid":{"rendered":"http:\/\/legalblog.ie\/?p=13246"},"modified":"2024-02-11T21:14:14","modified_gmt":"2024-02-11T21:14:14","slug":"standards-in-public-office","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/standards-in-public-office\/","title":{"rendered":"Standards in Public Office"},"content":{"rendered":"<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_63 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title \" >Table of Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"Toggle Table of Content\"><span class=\"ez-toc-js-icon-con\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/span><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/legalblog.ie\/standards-in-public-office\/#Commission\" title=\"Commission\">Commission<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/legalblog.ie\/standards-in-public-office\/#Codes_Requirements\" title=\"Codes &amp; Requirements\">Codes &amp; Requirements<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/legalblog.ie\/standards-in-public-office\/#Oireachtas_Disclosure_of_Interests\" title=\"Oireachtas Disclosure of Interests\">Oireachtas Disclosure of Interests<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/legalblog.ie\/standards-in-public-office\/#Complaints\" title=\"Complaints\">Complaints<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-5\" href=\"https:\/\/legalblog.ie\/standards-in-public-office\/#Codes_of_Conduct\" title=\"Codes of Conduct\">Codes of Conduct<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-6\" href=\"https:\/\/legalblog.ie\/standards-in-public-office\/#Complaints-2\" title=\"Complaints\">Complaints<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-7\" href=\"https:\/\/legalblog.ie\/standards-in-public-office\/#Investigation\" title=\"Investigation\">Investigation<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-8\" href=\"https:\/\/legalblog.ie\/standards-in-public-office\/#Tax_Clearance\" title=\"Tax Clearance\">Tax Clearance<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-9\" href=\"https:\/\/legalblog.ie\/standards-in-public-office\/#Non-Compliance_TCC\" title=\"Non-Compliance TCC\">Non-Compliance TCC<\/a><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Commission\"><\/span>Commission<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Standards in Public Office Act 2001 establishes the Standards in Public Office Commission.\u00a0 It has power in relation to acts and omissions of persons in public life. Complaints may concern alleged acts or omissions which are inconsistent with the proper performance of the relevant functions.<\/p>\n<p>The intention was for the Commission to be chaired by a judge or former judge with four other ex officio (by virtue of office) members, the clerks of the D\u00e1il and Seanad, the Controller and Auditor-General and the Ombudsman.\u00a0 It assumes the functions of the Public Offices Commission under the Ethics in Public Office Act 1995 and the Electoral Act 1997.<\/p>\n<p>The membership of the Commission is as set out above.\u00a0 The chairperson is appointed by the President on the advice of the government, following\u00a0 resolution of both houses of the Oireachtas.\u00a0 The period of appointment is six years.<\/p>\n<p>References to the Public Office Commission and to the chairman of that body under the Ethics in Public Office Act are to be read as references to the Commission.\u00a0 Accordingly, \u00a0the Commission takes on the role of the Public Offices Commission.\u00a0 The Minister for Finance may make regulations, where necessary and expedient to allow the performance by the Commission of its functions.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Codes_Requirements\"><\/span>Codes &amp; Requirements<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The legislation provides for the development of codes of conduct for ministers and officeholders, members of the Oireachtas and employees of public bodies. The purpose of the code is to provide guidance in the performance of functions.<\/p>\n<p>They are to detail standards of probity, conduct and integrity in the performance of duty.\u00a0 They are to be incorporated in the officer\u2019s terms of employment (where applicable) or otherwise as contractual obligations.<\/p>\n<p>There are requirements for tax clearance certificates for senior public servants and judges.\u00a0 They must be provided within nine months of the appointment. They must make a statutory declaration in relation to their tax affairs. The legislation increases the general penalties under the Statutory Declarations Act 1938 for this purpose.<\/p>\n<p>If a person fails to furnish a tax clearance certificate or declaration, the Commission is to draw up a report and furnish it to the Houses of the Oireachtas, committees, ministers, a public body or chief justice as appropriate to the officeholder concerned.<\/p>\n<p>Sanctions may be taken against public servants, including suspension without pay.\u00a0 The committees may be empowered to recommend to the relevant houses that penalties be imposed on members of the Oireachtas who do not comply.<\/p>\n<p>The legislation amended the provisions in relation to declarations of interest and donations under the Electoral Act 1997.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Oireachtas_Disclosure_of_Interests\"><\/span>Oireachtas Disclosure of Interests<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A number of amendments were made in 2001 to the Ethics in Public Office Act.\u00a0 Where a person intends to speak as a member of the Oireachtas or vote on a matter in which might have material interest and the person seeks the advice of the committee as to how he stands in relation to the matter, the person must declare that he has sought such advice and when the advice is received later, it must be laid before the Houses of the Oireachtas.<\/p>\n<p>Prior to that, once a person had sought advice, it was possible for him to participate in a debate or vote without any further obligation after the advice is received.<\/p>\n<p>The definition of a \u201cmaterial interest\u201d is expanded to ensure that in considering whether a person has a \u201cmaterial interest\u201d the avoidance of a loss or penalty can be taken in the same way as a benefit.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Complaints\"><\/span>Complaints<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Complaints may be made in writing or such other form as may be designated.\u00a0 They must relate to matters of significant public importance in relation to an act or omission of an officeholder. The Commission is to determine what constitutes a matter of significant public importance in this context.<\/p>\n<p>Where it considers it appropriate, the Commission may deem a matter to be of significant public importance if it relates to a benefit or a potential benefit alleged to be received by a relevant person or someone connected in excess of \u20ac12,700.<\/p>\n<p>The Commission, upon receipt of a complaint about which it is satisfied that it is of significant public importance, may request a preliminary investigation to be undertaken by an enquiry officer.\u00a0 If it is not of sufficient gravity to warrant an investigation, it may be referred to a committee of the Houses of the Oireachtas, minister or public body as appropriate to the person who is the subject to the complaint.<\/p>\n<p>The enquiry officer seeks statements from the complainant and the person affected, about the complaint.\u00a0 They may be interviewed, and a report may be made to the Commission.\u00a0 He may require the production of documents, and persons concerned are to respond or produce documents.<\/p>\n<p>The Commission can investigate complaints made under the 1995 Act. This may include complaints relating to Oireachtas members, which the relevant Oireachtas committee decides to refer to the Commission.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Codes_of_Conduct\"><\/span>Codes of Conduct<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Codes of conduct can be drawn up by the government in the case of officeholders and by the Minister for Finance in the case of public servants generally. In the case of Oireachtas members, \u00a0the Commission may draw up a code which may be applied to members of the Oireachtas only by resolution of the House. Codes may be revoked or amended.<\/p>\n<p>Codes of conduct deal with standards of conduct and integrity. Persons to whom they relate must have regard to the codes in the performance of their duties. The codes may be admitted as evidence in court proceedings before tribunals or the Commission where it is considered relevant to the issue.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Complaints-2\"><\/span>Complaints<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The provisions for making complaints to the Clerk are amended. When considering whether a complaint is vexatious, the Clerk will consider whether there is evidence to establish a prima facie case.<\/p>\n<p>The committee may investigate breaches of the Act in the same way as they investigate breaches of the Ethics in Public Office Act. The committees are to report back to the House.\u00a0 Where a committee finds in the course of its investigations that an offence may have been committed, it is to report the matter to the DPP.<\/p>\n<p>Guidelines and advice may be issued by a committee.\u00a0 The guidelines continue until a new committee is established after the dissolution of the Houses.<\/p>\n<p>Where there is sufficient reason to do so, the committee or the Commission may arrange for the examination of a person in any place in or outside the State by a person appointed for that purpose.\u00a0 This is subject to High Court powers and rules of evidence.\u00a0 Provision is made for the privileges and immunities of witnesses and of enquiry officers and persons conducting the examination on behalf of the Commission.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Investigation\"><\/span>Investigation<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A person giving evidence before the Commission may not refuse to produce documents or refuse to answer questions on the grounds that he may incriminate himself.\u00a0 However, their statements or omissions are not generally admissible in evidence in criminal or civil proceedings.<\/p>\n<p>It is an offence to obstruct the Commission or the Committee or any person acting for them.\u00a0 It is subject to summary conviction to a fine up to \u20ac12,170 or imprisonment of six months or on indictment o an indictment fine of \u20ac25,400 \u00a0or imprisonment up to three years or both.<\/p>\n<p>A person may be required to discover documents relevant to the functions of the Committee or Commission on the same terms and in accordance with the High Court rules on discovery.\u00a0 It is an offence to fail to preserve a document or information relevant to an investigation.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Tax_Clearance\"><\/span>Tax Clearance<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Clerks of the D\u00e1il and Seanad are to consult with the Commission to ensure that the various forms to be issued to members of the Oireachtas under Ethics in Public Office Legislation and Electoral Act are issued in a timely and coordinated manner.<\/p>\n<p>There is provision for tax clearance certificates and statutory declarations in relation to tax compliance for members for the Oireachtas and judges. The statutory declaration must confirm that the person is to the best of his knowledge in compliance with the Taxes Acts.<\/p>\n<p>The tax clearance certificate must be issued within nine months before or after the election.\u00a0 Where it has been applied for but not issued, an application statement can be submitted as proof that the certificate has been applied for.\u00a0 Contravention may be investigated by the Commission and a report may be made on its findings to the relevant committee.<\/p>\n<p>Where a member of the Oireachtas breaches the obligation, the committee may initiate a motion and resolution noting the report censuring the officeholder or member or suspending the officeholder or member for up to 30 days or, in some cases, until the contravention is rectified.<\/p>\n<p>In the case of judicial officeholders, the tax clearance certificate must be provided within nine months of taking a position together with the statutory declaration.\u00a0 Where there is a contravention, the Commission may investigate the matter and draw up a report to be furnished to the Chief Justice, the \u00a0\u00a0Minister for Justice or to the relevant public body in cases other than judges.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Non-Compliance_TCC\"><\/span>Non-Compliance TCC<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Where a person has not complied with the above obligations when due, the obligation continues to apply.\u00a0 Where a member of the Oireachtas or holder of a judicial post has not produced a certificate or a statutory declaration in the given year, it is to be noted in the Commission\u2019s annual report.<\/p>\n<p>The relevant committee, the minister for Justice and Chief Justice, as the case may be, are to be informed.\u00a0 The Commission is subsequently to inform them when the person concerned has complied with the requirements.<\/p>\n<p>Similar provisions apply to senior public servants who are not in compliance.\u00a0 The head of the relevant public body is notified.<\/p>\n<p>Tax clearance certificate will be issued for a person who is in compliance with his obligations under the Taxes Act.\u00a0 It confirms that at the date of issue, the relevant obligations have been complied with.\u00a0 Where a person or a partnership of which the person is a member is not in compliance, the certificate is not issued.<\/p>\n<p>Where a person has sought a tax clearance certificate and the matter is the subject of an appeal, the person is furnished with an application statement to the effect that he has applied for a tax clearance cert and the final decision is pending.<\/p>\n<p>The maximum penalty under the Statutory Declarations Act 1938 is increased to \u20ac2,540 and a prison sentence of up to six months.<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-13246\" data-postid=\"13246\" class=\"themify_builder_content themify_builder_content-13246 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>Commission The Standards in Public Office Act 2001 establishes the Standards in Public Office Commission.\u00a0 It has power in relation to acts and omissions of persons in public life. Complaints may concern alleged acts or omissions which are inconsistent with the proper performance of the relevant functions. The intention was for the Commission to be [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[363,200],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/13246"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=13246"}],"version-history":[{"count":4,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/13246\/revisions"}],"predecessor-version":[{"id":31714,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/13246\/revisions\/31714"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=13246"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=13246"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=13246"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}