Functions

Functions of the Standards in Public Office Commission

The Standards in Public Office Commission (the Standards Commission) has a supervisory role under three separate pieces of legislation as follows:

• The Ethics in Public Office Act 1995, as amended by the Standards in Public Office Act 2001, (the Ethics Acts).
• The Electoral Act 1997, as amended, (the Electoral Acts)
• The Oireachtas (Ministerial and Parliamentary Offices) (Amendment) Act 2001, (the Party Leaders Allowance Act)

On this page a brief description of the main features of the legislation and the functions performed by the Standards Commission in each case is provided. Links to other parts of the website where further relevant information can be obtained are also provided in each case.

Ethics Acts

Overview of the Ethics Acts

The broad focus of the Ethics Acts is to provide for disclosure of interests, including any material factors which could influence a Government Minister or Minister of State, a member of the Houses of the Oireachtas or a public servant in performing their official duties. The principal objective of the legislation is to demonstrate that those who are participating in public life do not seek to derive personal advantage from the outcome of their actions. To meet this objective, a statutory framework has been put in place to regulate the disclosure of interests and to ensure that other measures are taken to satisfy the broad range of obligations arising under the legislation. The legislation is founded on the presumption of integrity but recognises that specific measures should exist to underpin compliance.

Under the Ethics Acts, as well as disclosing interests, evidence that they are tax compliant must be furnished to the Standards Commission by all members of both Houses of the Oireachtas, the Attorney General and appointees to senior office in public bodies. The legislation also requires the drawing up of codes of conduct for ordinary members of the Houses, for office holders (e.g. Ministers of the Government and Ministers of State) and for public servants. These codes are published by the Standards Commission.

Functions of the Standards Commission under the Ethics Acts

The principal ongoing functions of the Standards Commission are to provide advice and guidelines on compliance with the Ethics Acts, to administer the disclosure of interests and tax clearance regimes and to investigate and report on possible contraventions of the legislation. These functions of the Standards Commission apply to office holders and to public servants and, in relation to tax compliance measures, to all members of the Houses. Apart from matters relating to tax clearance, the Committees on Members' Interests of both Houses have functions similar to those of the Standards Commission in relation to members of the Houses who are not office holders.

Further Information

Further information concerning the requirements of the Ethics Acts and the role of the Standards Commission under this legislation can be found on the Guidelines / Ethics Acts and Reports / Annual Reports sections of this website. Details of the Ethics Acts and regulations made under the Ethics Acts can be found in the About Us / Legislation section of this website.

Details of how persons who have obligations under the Ethics Acts can request advice from the Standards Commission are available on the Contacts page of the website.

The Electoral Acts

Overview of the Electoral Acts

The purpose of the Electoral Acts is to ensure that there is openness and accountability in the relationships that exist between, on the one hand, political parties and individual politicians and, on the other, those who would support them politically, whether by way of financial assistance or otherwise. The legislation also seeks to achieve equity in the electoral process by limiting expenditure at elections and by providing a system whereby candidates at elections can, in certain circumstances, recoup election expenses. The Electoral Acts also provide for State financing of qualified political parties which received at least 2% of the first preference votes at the last preceding Dáil general election.

Functions of the Standards Commission under the Electoral Acts

The Electoral Acts require the Standards Commission to monitor and, where it considers it appropriate to do so, to report to the Chairman of Dáil Éireann on matters relating to -

• the acceptance and disclosure of donations received by political parties, Members of both Houses and of the European Parliament and candidates at Dáil, Seanad, European Parliament and presidential elections
• the opening and maintenance of political donations accounts
• the limitation, disclosure and reimbursement of election expenses
• State financing of qualified political parties
• the registration of "third parties" (i.e. campaign / lobby groups or individuals which accept a donation for political purposes which exceeds €127 in value) and other persons.

The Standards Commission may conduct whatever enquiries are necessary in the discharge of its statutory functions.

The Standards Commission is required, from time to time, to draw up and publish guidelines and provide advice on compliance to persons who are covered by the provisions of the Electoral Acts. A person must act in accordance with guidelines published or advice given by the Standards Commission, unless, by doing so, he or she would be contravening another provision of the Electoral Acts.

The Standards Commission is also required to facilitate the inspection and copying, by any person, of Donation Statements, Election Expenses Statements, etc., furnished to it under the legislation.

Further Information

Further information concerning the requirements of the Electoral Acts and the role of the Standards Commission under this legislation can be found in the Guidelines section of this website (under "Elections", "Donations", "State Financing" or "Explanatory Notes") or the Reports section of this website (under "Elections", "Annual Disclosures", "State Financing" and "Other Reports"). Details of the Electoral Acts and regulations made under the Electoral Acts can be found in the About Us / Legislation section of this website.

Details of how persons who have obligations under the Electoral Acts can request advice from the Standards Commission are available on the Contacts page of the website.

Oireachtas (Ministerial and Parliamentary Offices) (Amendment) Act, 2001 (the Party Leaders Allowance Act)

Overview of the Party Leaders Allowance Act

The Party Leaders Allowance Act provides for the payment of an annual allowance to the leaders of parliamentary parties in relation to expenses arising from the parliamentary activities, including research, of the party. The amount paid is based on the party's representation in Dáil and Seanad Éireann. The allowance is reduced where a party forms part of the government. The "parliamentary activities" to which the funding may be applied are set out in the Party Leaders Allowance Act. The funding may not be used for electoral or referendum purposes.

The Party Leaders Allowance Act requires the party leader to prepare, or cause to be prepared, a statement of expenditure from the allowance received in respect of the preceding year. The statement must set out, under specific headings, the items on which the funding was spent. The statement must be audited by a public auditor and must be furnished together with the auditor's report to the Standards Commission within 120 days of the end of the financial year for which the allowance has been paid (i.e. 30 April). Failure to furnish the statement within this timeframe can result in a suspension of the Allowance.

Functions of the Standards Commission under the Party Leaders Allowance Act

The Standards Commission must consider each statement and auditor's report furnished to it and, if necessary, consult with the party leader on any matter contained in the statement. The Standards Commission is also required to furnish a report to the Minister for Finance indicating whether the statement and auditor's report have been submitted within the specified period. It must also indicate whether any unauthorised expenditure is disclosed and whether the statement is adequate or inappropriate.

The Standards Commission must cause a copy of the report to the Minister for Finance to be laid before each House of the Oireachtas. A copy of the statements and auditors' reports must be retained by the Standards Commission for 3 years and must be made available for public inspection and copying.

Further Information

Further information concerning the requirements of the Oireachtas (Ministerial and Parliamentary Offices) (Amendment) Act 2001 and the role of the Standards Commission under this legislation can be found in the Reports / State Financing section of this website. Details of the Oireachtas (Ministerial and Parliamentary Offices) (Amendment) Act 2001 can be found in the About Us / Legislation section of this website.

Details of how persons who have obligations under the Act can request information from the Standards Commission are available on the Contacts page of the website.