Office Holders

2.1. Statutory obligations relating to conduct in public life

There is already in place a comprehensive statutory framework for the regulation of conduct in public life. It is a requirement of this Code of Conduct that office holders comply fully with all of the requirements in that framework as well as any requirements which may be introduced in the future.

The following are key elements of the statutory framework in relation to the conduct of office holders:

The Ethics in Public Office Act, 1995 and the Guidelines for Office Holders concerning the steps to be taken by them to assist compliance with the provisions of the Ethics in Public Office Act, 1995

The 1995 Act includes provisions in relation to office holders for the disclosure of interests, for the treatment of gifts, and for the fulfilment of their responsibilities in relation to special advisers appointed by them or on their behalf.

Information on the steps office holders need to take in order to comply with the provisions of the 1995 Act is set out in the Guidelines, a copy of which is contained in the attached Appendix.

The Standards in Public Office Act, 2001

The 2001 Act established the Standards Commission, which subsumed the Public Offices Commission established by the 1995 Act. The Standards Commission has enhanced powers under the 2001 Act and an offence of obstruction of the Standards Commission or its agents has been created.

The 2001 Act also requires the Government, from time to time, to draw up codes of conduct for the guidance of office holders. The 2001 Act provides that the Guidelines drawn up pursuant to the 1995 Act (referred to above) continue in force.

Additional requirements are imposed by the 2001 Act on members of the Houses of the Oireachtas in respect of tax compliance. These also apply to an Attorney General who is not a member of either House.

Prevention of Corruption Acts

The 1995 Act amended the Prevention of Corruption Acts in a number of respects, such as increasing the penalties for corruption to a maximum of 7 years imprisonment and a fine of up to €63,486.90.

The 1995 Act increased corruption penalties to 10 years and unlimited fine(s). It also introduced a presumption of corruption, in certain circumstances, from a failure to disclose political donations, and secondly where a person exercising certain functions receives money or other benefit from a person who has an interest in the exercise of those functions.

The 1995 Act also makes liable to an offence of corruption, third parties who seek to corrupt others, in addition to persons who are directly involved in an activity.

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