- 18 Lower Leeson Street, Dublin 2, Ireland.
- +353 (0)1 - 639 - 5666
- +353 (0)1 - 639 - 5684
- sipo@sipo.gov.ie
- About Us
- Guidelines
- Codes of Conduct
- Complaints
- Reports
- Press Releases
- General Publications
- General Information
- FOI Manuals
- Public Notices
- Review of Legislation
- Investigation Protocol
- Public Service Agreement 2010-2014
- Elections
- Donations Disclosed
- State Financing
- Quick Links
- Forms
|
Investigation Protocol
2. COMPLAINTS
2.1 Detailed provision for the making of complaints to the Commission is made in section 22 of the Ethics Act and section 4 of the Standards Act to which reference should be made. Section 174 of the Local Government Act requires ethics registrars to bring possible contraventions of Part 15 of that Act by members or employees of local authorities, members of committees of local authorities and persons whose services are being availed of by a local authority to the attention of the manager for and/or the Cathaoirleach of the local authority who in turn can submit a complaint to the Commission. A summary of these provisions is contained in Appendix 1.
2.2 Subject to section 22(1)(b) of the Ethics Act (which provides for complaints in relation to an office holder in respect of an alleged contravention of Part II of the Act dating from the period before the person concerned became an officer holder), and section 22(5) (which provides for the referral of a complaint, made or referred to it, to the Commission, by the Chairman of either of the Committees on Members’ Interests of Dáil Éireann or of Seanad Éireann or the making of a complaint by the Chairman of either Committee in relation to a member) the Commission has no power to receive complaints against members of the Houses of the Oireachtas as such, such powers being conferred on the appropriate Committee of the House by sections 8 and 9 of the Ethics Act.
2.3 The Commission's function in relation to complaints is to receive and consider complaints against office holders and the other categories of person referred to in section 22 of the Ethics Act, section 4 of the Standards Act and sections 167 (1) and 167(2) of the Local Government Act. The provisions of section 22 identify the persons who may make a complaint regarding the different categories of persons who are subject to requirements of the Ethics Acts. All complaints under section 22 of the Ethics Act and section 4 of the Standards Act are to be made directly to the Commission.
2.4 Other than providing that all complaints made under section 22 of the Ethics Act, section 4 of the Standards Act are to be made "in writing", the Ethics Act is silent on the form that such complaints should take. However, in order to enable the Commission to discharge properly its function of deciding whether or not it is appropriate to carry out an investigation of that complaint, it is essential that it be as detailed and as specific as possible. The Commission is therefore of the view that every complaint made under section 22 of the Ethics Act and section 4 of the Standards Act should clearly identify the person against whom complaint is made, should specify the alleged contravention of the provisions of the Ethics Act and/or the Standards Act and/or the Local Government Act, the subject-matter of the complaint, and set out in detail the basis for alleging that contravention. Where documentary material is relevant, copies of that material should be furnished with the complaint where possible.
2.5 Section 8 of the Standards Act precludes the Commission from investigating a complaint unless the identity of the person making the complaint is disclosed. However, section 8 permits the Commission, if it considers it appropriate to do so, to restrict the disclosure of such identity to those persons whom the Commission is of the view should know the identity of the person making the complaint for the purposes of or by reason of the investigation of the complaint or otherwise in the interests of justice.
|
|
|