Investigation Protocol

6. THE REPORT OF THE COMMISSION

6.1 In accordance with section 24 of the Ethics Act, the Commission will prepare a report in writing of the result of every investigation, other than investigations which have been discontinued by the Commission in accordance with section 31(2) (where the Commission has formed the view that the complaint concerned is frivolous or vexatious). Section 24(1) provides for the circulation of such reports and additional provision in this regard is contained in section 24(5). Section 24(3) makes detailed provision for the content of such reports.  Section 180 of the Local Government Act makes detailed provision for the circulation of such reports by the Commission relating to a member or an employee of a local authority or to any other person to whom section 167(1) or 167(2) relates.

6.2 During the course of an investigation, if the Commission forms the opinion that evidence sufficient to sustain a complaint made or referred to it under section 22 of the Ethics Act or made under section 4 of the Standards Act is not or is unlikely to become available, the Commission may decide not to carry out, or to discontinue, an investigation but if it does so decide, it shall prepare a record of the decision and the provisions of section 24 (1) and 24 (4) of the Ethics Act shall apply in relation to such a record as if it was a report under that section.

6.3 Where the Commission determines that there is a continuing contravention of any of the relevant provisions of the Ethics Acts or of the Local Government Act, the Commission is obliged to include in its report its determination as to the steps required to be taken by the person the subject of the investigation to secure compliance with such provisions and the time period within which such steps are to be taken. Section 36 of the Ethics Act provides that the person concerned shall take the specified steps within the specified time.

6.4 Apart from the situation provided for in section 36, where the person the subject of the Commission's investigation is a member of either House of the Oireachtas, section 28 of the Ethics Act provides that it is a matter for the relevant House of the Oireachtas to determine what action, if any, ought to be taken on foot of the Commission's report. The Commission has no further function in this respect. Where the person the subject of the investigation is not a member of either House, he or she may be subject to disciplinary sanctions in the event of a contravention of the provisions of the Act being established. Again, however, the Commission has no further function in this respect.

6.5 Section 24(2) of the Ethics Act provides that, where either during or at the conclusion of an investigation, the Commission forms the opinion that the person the subject of the investigation may have committed a criminal offence relating to the performance of his or her relevant public duties, whether as an office-holder or otherwise, it shall prepare a report in writing in relation to the matter and furnish that report, together with any relevant documents or other things, to the Director of Public Prosecutions. Section 24(2) further provides that the Director shall notify the Commission as to whether or not any criminal proceedings have been taken in respect of any matter mentioned in the report and, where proceedings have been brought, as to the final outcome of such proceedings. The Commission is, by virtue of section 24(2)(b), obliged to add to its report under section 24(1), a copy of any report furnished to the Director of Public Prosecutions, together with a statement of any notification or notifications received by the Commission from the Director.

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