Combined Section 15/16 Manual of the Standards Commission

2.3 Records held by the Standards Commission under the Ethics Acts

The records below are held by the Standards Commission in the performance of its functions under the Ethics Acts. It is indicated on each category of record whether the information contained therein is already in the public domain or whether it is subject to the disclosure provisions of section 35 of the 1995 Act as set out below. Where a document is already in the public domain it can be accessed without recourse to the FOI Acts.

Office Holders' Statements of Additional Interests. (Disclosed only in accordance with Section 35 of the Ethics Acts.)

Annual Statements of Interests of the Attorney General and holders of designated directorships in public bodies. (Disclosed only in accordance with Section 35 of the Ethics Acts.)

Annual Statements of Interests and Statements of Additional Interests of Ministerial special advisers. (The Special Adviser's own interests are laid before the Houses of the Oireachtas and are therefore, in the public domain. The Additional Interests of a Special Adviser are subject to the disclosure privileges of Section 35).

Statements from the Attorney General, Ministerial special advisers and holders of designated directorships in public bodies when they, or a person connected to them (e.g. any relative, a person with whom there is a business / partnership / trustee relationship, etc.) have a material interest in a function to be performed. (Disclosed only in accordance with Section 35 of the Ethics Acts.)

Copies of the Registers of Interests of Members of Dáil and Seanad Éireann. (Published Documents)

Evidence of tax clearance certification from Members, the Attorney General and appointees to senior office. (Disclosed only in accordance with Section 35 of the Ethics Acts.)

Reports to Committees of Members Interests of Dáil Éireann and of Seanad Éireann regarding non-compliance by Members with the tax clearance provisions of the Ethics Acts (Published Documents)

Published Codes of conduct for Members other than Office Holders, for Office Holders and for Civil Servants. (Published Documents)

Published Guidelines for Office Holders and for Public Servants (including the Attorney General, Special Advisers, Occupiers of Designated Directorships in the Public Service and Occupiers of Designated Positions in the Civil Service and the Public Service); (Published Documents)

Guidelines for Members who are not Office Holders as published by the respective Committee's (Dáil and Seanad) on Members' Interests (Published Documents)

Requests for advice and advice given to Office Holders and Public Servants; (Disclosed only in accordance with Section 35 of the Ethics Acts.)

Records relating to the consultation process regarding the publication of guidelines and other matters as specified in the Ethics Acts. (Disclosed only in accordance with Section 35 of the Ethics Acts.)

Records of complaints concerning alleged contraventions of the legislation on the part of Office Holders, occupiers of Designated Directorships in the Public Service and occupiers of Designated Positions in the Civil Service and the Public Service and other specified persons. (Disclosed only in accordance with Section 35 of the Ethics Acts.)

Records of investigations carried out into alleged contraventions of the Ethics Acts; (Disclosed only in accordance with Section 35 of the Ethics Acts.)

Report of an Investigation carried out into an alleged contravention of the Ethics Acts; (Published Document)

Notifications from the Secretary General of the Government concerning the action taken in relation to the free or below cost provision of property or services to a Minister or Minister of State the value of which exceeded €650; (Disclosed only in accordance with Section 35 of the Ethics Acts.)

Published Annual Reports to the Minister for Finance. (Published Documents)

Information held by the Standards Commission which may not be released under the FOI Acts and may only be released in accordance with the provisions of section 35 of the 1995 Act.

It should be noted that Section 35 of the 1995 Act prohibits the disclosure by any person of information obtained under the Ethics Acts or by being present at a sitting of the Standards Commission held in private. Contravention of this provision is an offence.

This prohibition (which does not apply to information which, in accordance with the Ethics Acts, is laid before the Houses of the Oireachtas) is lifted only in the following specific circumstances which are provided for in the Ethics Acts:

• disclosure of information in the public interest by a Minister of the Government;
• disclosure of information contained in statements of interests by persons specified in the Ethics Acts to persons / bodies specified in the Ethics Acts, where such disclosure is in the public interest;
• disclosure of information by a person in the performance of his or her functions;
• disclosure of information by a person in the public interest to persons specified in section 35(2)(c)(ii) of the 1995 Act (i.e. a Minister, the Secretary to Government, a Committee, the Standards Commission or a relevant authority in relation to holders of designated positions);
• disclosure of information pursuant to an order of a court for the purpose of proceedings in that court;
• disclosure of information from an investigation report, by or with the consent of the person to whom the information relates.

Section 32 of the Freedom of Information Act 1997 provides that requests for access to records may be refused if the record concerned is prohibited by the provisions of another Act and such provisions have not been specified in the Third Schedule to the FOI Acts. The provisions of the Ethics Acts are not specified in the Third Schedule to the FOI Acts. Accordingly, information obtained under the Ethics Acts may only be disclosed in accordance with the provisions of the Ethics Acts and is not subject to disclosure under the FOI Acts.

There is no prohibition on the disclosure of information obtained under the Electoral Acts or the Party Leaders Allowance legislation. Information held by the Standards Commission under these Acts is subject to the provisions of the FOI Acts.

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