Civil Servants

15. Disclosure of conflicts of interest

15.1 Civil servants who occupy positions which are "designated positions" for purposes of the Ethics in Public Office Acts 1995 and 2001 (the Ethics Acts) have certain statutory obligations in relation to disclosure of interests. Those obligations are additional to any which apply generally to civil servants under the provisions of this Code. It should be noted that all civil servants are required to observe the provisions of this Code, such as the provisions in relation to the acceptance of gifts, which are more stringent than corresponding statutory provisions.

15.2 The positions in the Civil Service which have been designated for the purposes of the Ethics Acts are contained in the Ethics in Public Office (Designated Positions in Public Bodies) Regulations 1996 (S.I. No. 57 of 1996). [NB. the Ethics in Public Office (Designated Positions in Public Bodies) Regulations 2004 (S.I. No. 698 of 2004) revoking S.I. No. 57 of 1996 were signed by the Minister for Finance on 3 November 2004 and come into operation on 1 January 2005 ]. In summary, established civil servants at Principal Officer level and upwards are affected by the provisions of the Ethics Acts. The Ethics Acts also apply to a range of less senior positions (e.g. posts dealing with contracts or in commercially sensitive areas), and to advisors who are appointed personally by Ministers, and who serve as unestablished civil servants for the length of their Minister's tenure of office. Personnel Officers must notify an officer on taking up duty in a designated position of the obligations attaching to that position.

15.3 Civil servants should be furnished with a copy of the Guidelines for Public Servants concerning the steps to be taken by them to assist compliance with the provisions of the Ethics in Public Office Acts 1995 and 2001, published by the Standards in Public Office Commission.

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