Investigation Protocol

APPENDIX 1

The following chart describes the route prescribed by the Ethics Acts for the making of a complaint to the Commission regarding an office holder (see Note 1 below) or Part IV position holder (see Note 2 below) or a member of either House of the Oireachtas or other persons where a contravention of the Ethics Act and/or Standards Act and/or the Local Government Act may have occurred:

Notes:

1. Office Holder is defined in section 2(1) of the Act.  It includes a Minister of the Government or a Minister of State (past or present), a TD or Senator who holds the office of Attorney General (past or present), the Chairman and Deputy Chairman of Dáil Éireann (past or present) and the Chairman and Deputy Chairman of Seanad Éireann (past or present).
2. This expression is used as a shorthand description of the various offices referred in Part IV of the Act.  Part IV of the Act applies to the Attorney General (section 16), persons holding designated directorships in certain public bodies referred to in the First Schedule of the Act (section 17), persons holding designated positions of employment within such a public body (section 18) and "special advisers" (section 19).
3. A complaint may be made in respect of an alleged contravention of Part II, III or IV of the Act which occurred while the person concerned was an office holder.  In addition, complaint may be made against an existing office holder in respect of an alleged contravention of Part II which occurred before the person became an office holder.
4. See footnote 3 above.
5. A Committee may also refer to the Commission a complaint made to it by a third party regarding a member of Dáil Éireann or Seanad Éireann (other than a member who at the relevant time was an office holder): section 22(5) of the Ethics Act (as amended). Section 8(2) of the Ethics Act provides that a person other than a member may complain to the Clerk of the relevant House about a member (other than an office holder) contravening section 5 or 7 or doing a ‘specified act’. Where appropriate, the Clerk will refer the matter to the relevant Committee on Members’ Interests. Section 8(4) of the Ethics Act provides that a member may complain to the relevant Committee on Members’ Interests about a member (other than an office holder) contravening section 5 or 7 or doing a ‘specified act’.
6. A ‘specified act’ is an act done or an omission made after the commencement of section 2 [of the Standards Act, ie after 10 December 2001] that is, or the circumstances of which are, such as to be inconsistent with the proper performance by the specified person of the functions of the office or position by reference to which he or she is such a person or with the maintenance of confidence in such performance by the general public, and the matter is one of significant public importance (section 4(1)(a) of the Standards Act). Section 4)6) provides: “Without prejudice to the generality of the expression ''significant public importance'' in subsection (1), a matter shall, if the Commission consider it appropriate to do so having regard to all the circumstances, be deemed by it, for the purposes of that subsection, to be of significant public importance if it relates to a benefit alleged to have been received by a specified person or a person who, in relation to a specified person, is a connected person and, in the opinion of the Commission, the value of the benefit was, is or might have been or be expected to be or to become not less than £10,000” (ie. €12,697).
7. "Specified person" is defined in section 4 (6) (a) of the Standards Act.  It includes an office holder (but not a member), a Part IV position holder, and a director or employee of a public body at the time to which the complaint concerned relates. In view of the provisions of sections 167(1), 167(2) and 180(2) of the Local Government Act, a ‘specified person’ also includes a member of a local authority, an employee of a local authority, a member of a committee of a local authority and a person whose services are being availed of by a local authority.
8. Either the Manager or the Cathaoirleach of the local authority concerned or both, depending on against whom in the local authority the contravention is alleged.

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