Guidelines for Public Servants (9th edition)

Part 5: Procedure for disclosing interests - Specific

(i)     ATTORNEY GENERAL

27.   As Attorney General you are required in each year, during any part of which you hold or held that office, to prepare and furnish to the Taoiseach, and to the Standards Commission, in a form which is determined by the Minister for Public Expenditure and Reform, a statement in writing of your interests as described in paragraph 18.  You must sign and date your statement after the expiry of the period covered by your statement as provided for in the following paragraphs.  The Standards Commission will accept the furnishing of a copy of your statement subject to an original signature.

First statement

28.   Your first statement should cover the period from 1 January, or the date of your appointment in a particular year, if later, up to 31 December of the same year and should be furnished not later than 31 January in the following year.

Subsequent annual statements

29.   Subsequent annual statements should be in respect of the year ending on 31 December and should be furnished not later than 31 January in the following year.

Statement on leaving

30.   If your appointment ends during a year, you must furnish a statement covering the period from 1 January in that year, or the date of your appointment, if later, up to the date on which the appointment ended.  The statement must be furnished within 28 days of your appointment ending.

Statement of a material interest

31.   In any case where a function of the office falls to be performed and you have actual knowledge that you, or a connected person, have a material interest in a matter to which the function relates, you must, before, or as soon as may be after, such performance, furnish a statement in writing of those facts and of the nature of the interest to the Taoiseach and to the Standards Commission.  The requirements set out in this paragraph apply whether or not an interest has been disclosed in a statement referred to in paragraph 27.

32.   Performance of a function refers to performance by you personally or by another person on your direction or on the direction of a person acting on your behalf and with your personal knowledge.

 

(ii)     DESIGNATED DIRECTORS

33.   You are required in each year, during any part of which you hold or held a designated directorship of a public body, as prescribed by regulations made by the Minister for Public Expenditure and Reform, to prepare and furnish, in a form determined by the Minister for Public Expenditure and Reform, a statement in writing of your interests, as described in paragraph 18, to the Standards Commission and to such officer of the body as determined by the Minister for Public Expenditure and Reform.  You must sign and date your statement after the expiry of the period covered by your statement as provided for in the following paragraphs.  The Standards Commission will accept the furnishing of a copy of your statement subject to an original signature.

First statement

34.   Your first statement should cover the period from 1 January, or the date of your appointment in a particular year, if later, up to 31 December of the same year. If the designated directorship you hold was first prescribed after 1 January in any year, your first statement should cover the period from the date on which the directorship was prescribed ( or the date of your appointment, if later) up to 31 December of the same year. Your statement should be furnished not later than 31 January in the following year.

Subsequent annual statements

35.   Subsequent annual statements should be in respect of the year ending on 31 December and should be furnished not later than 31 January in the following year.

Statement on leaving

36.   If your appointment ends during a year, you must furnish a statement covering the period from 1 January in that year, or the date of your appointment, if later, up to the date on which the appointment ended.  This statement must be furnished not later than 31 January in the following year.

Statement of a material interest

37.   In any case where a function of the directorship, or a function of any other office or position held by you in the public body, falls to be performed and you have actual knowledge that you, or a connected person, have a material interest in a matter to which the function relates, you must, as soon as may be, prepare and furnish a statement in writing of those facts to the other directors of the body.  You should not perform the function unless there are compelling reasons requiring you to do so.  If you propose to perform the function you should, before doing so or, if that is not reasonably practicable, as soon as possible afterwards, prepare and furnish a statement in writing of the compelling reasons to the other directors and to the Standards Commission.  The requirements set out in this paragraph apply whether or not an interest has been disclosed in a statement referred to in paragraph 33.

38.   The terms under which you hold or held the designated directorship will be deemed to include a term that you will comply with the foregoing requirements.

Note: In the event that you hold more than one designated directorship or you occupy a designated position of employment in addition to holding a designated directorship, you are required to furnish a statement of interests, as described in paragraph 18, separately in respect of each designated directorship held or designated position occupied.

 

(iii)     DESIGNATED POSITIONS

39.   You are required in each year, during any part of which you occupy or occupied a designated position of employment in a public body, as prescribed by regulations made by the Minister for Public Expenditure and Reform, to prepare and furnish, in a form determined by the Minister for Public Expenditure and Reform, a statement in writing of your interests, as described in paragraph 18, to the relevant authority determined by the Minister for Public Expenditure and Reform.  You must sign and date your statement after the expiry of the period covered by your statement as provided for in the following paragraphs.

First statement

40.   Your first statement should cover the period from 1 January, or the date of your appointment in a particular year, if later, up to 31 December of the same year. If the designated position of employment you occupy was first prescribed after 1 January in any year, your first statement should cover the period from the date on which the position was prescribed ( or the date of your appointment, if later) up to 31 December of the same year. Your statement should be furnished not later than 31 January in the following year.

Subsequent annual statements

41.   Subsequent annual statements should be in respect of the year ending on 31 December and should be furnished not later than 31 January in the following year.

Statement on leaving

42.    If your appointment ends during a year, you must furnish a statement covering the period from 1 January in that year, or the date of your appointment, if later, up to the date on which the appointment ended.  This statement should be furnished not later than 31 January in the following year.

Statement of a material interest

43.   In any case where a function of the position falls to be performed and you have actual knowledge that you, or a connected person, have a material interest in a matter to which the function relates, you must, as soon as may be, prepare and furnish a statement in writing of those facts to the relevant authority.  You should not perform the function unless there are compelling reasons requiring you to do so.  If you propose to perform the function you should, before doing so or, if that is not reasonably practicable, as soon as possible afterwards, prepare and furnish a statement in writing of the compelling reasons to the relevant authority.  The requirements set out in this paragraph apply whether or not an interest has been disclosed in a statement referred to in paragraph 39.

44.   The terms of employment under which you occupy or occupied the designated position will be deemed to include a term that you will comply with the foregoing requirements. 

Note: In the event that you occupy more than one designated position of employment or you hold one or more designated directorships in addition to occupying one or more designated positions, you are required to furnish a statement of interests, as described in paragraph 18, separately in respect of each designated directorship held or designated position occupied.

(iv)   HOLDERS OF CERTAIN OFFICES AND POSITIONS PRESCRIBED AS DESIGNATED POSITIONS UNDER SECTION 18(3) OF THE 1995 ACT

45.  You are required in each year, during any part of which you hold or held or occupy or occupied any of the prescribed offices or positions as set out in the table below, to prepare and furnish a statement in writing of your interests, as described in paragraph 18, in a form determined by the Minister for Public Expenditure and Reform, to the relevant authority determined by the Minister for Public Expenditure and Reform. The relevant authority for each of the prescribed offices and positions is also outlined in the table.  You must sign and date your statement after the expiry of the period covered by your statement as provided for in the following paragraphs.

 

	Prescribed Office or Position	Relevant Authority
(i)	Comptroller and Auditor General	Secretary General, Department of Public Expenditure and Reform
(ii)	Ombudsman	Secretary General, Department of Public Expenditure and Reform
(iii)	Data Protection Commissioner	Secretary General, Department of Public Expenditure and Reform
(iv)	Director of Public Prosecutions	Attorney General
(v)	Appeal Commissioner for the purposes of the Income Tax Acts within the meaning of the Taxes Consolidation Act 1997 (No. 39 of 1997)	Secretary General, Department of Public Expenditure and Reform
(vi)	Director of Corporate Enforcement	Secretary General, Department of Jobs, Enterprise and Innovation
(vii)	Information Commissioner	Secretary General, Department of Public Expenditure and Reform
(viii)	Registrar of Friendly Societies	Secretary General, Department of Jobs, Enterprise and Innovation
(ix)	Ombudsman for Children	Secretary General, Department of Public Expenditure and Reform
(x)	Pensions Ombudsman	Secretary General, Department of Social Protection
(xi)	Chairman of the Labour Court	Secretary General, Department of Jobs, Enterprise and Innovation
(xii)	Deputy Chairman of the Labour Court	Secretary General, Department of Jobs, Enterprise and Innovation
(xiii)	Ordinary member of the Labour Court	Secretary General, Department of Jobs, Enterprise and Innovation
(xiv)	Member of the Law Reform Commission, unless the holder of that office holds the office of judge of any court	Secretary of the Law Reform Commission
(xv)	Coimisinéir Teanga	Secretary General, Department of Public Expenditure and Reform
(xvi)	Controller of Patents, Designs and Trade Marks	Secretary General, Department of Jobs, Enterprise and Innovation
(xvii)	Defence Forces Ombudsman	Secretary General, Department of Public Expenditure and Reform
(xviii)	Financial Services Ombudsman	Secretary General, Department of Public Expenditure and Reform
(xix)	Deputy Financial Services Ombudsman	Secretary General, Department of Public Expenditure and Reform
(xx)	Member of the Garda Síochána Ombudsman Commission	Secretary General to the Government
(xxi)	Commissioner of Valuation	Secretary General, Department of Public Expenditure and Reform
(xxii)	Commissioner for Environmental Information	Secretary General, Department of Public Expenditure and Reform
(xxiii)	Chief Executive of the Property Registration Authority	Secretary General, Department of Public Expenditure and Reform
(xxiv)	Appeal Tribunal within the meaning of Part 3 of the Prisons Act 2007 (No. 10 of 2007)	Director General of the Irish Prisons Service
(xxv)	Registrar of Companies;	Secretary General, Department of Jobs, Enterprise and Innovation

 

First statement

46.   Your first statement should cover the period from 1 January, or the date of your appointment in a particular year, if later, up to 31 December of the same year. If the designated position you occupy was first prescribed after 1 January in any year, your first statement should cover the period from the date on which the position was prescribed ( or the date of your appointment, if later) up to 31 December of the same year. Your statement should be furnished not later than 31 January in the following year.

Subsequent annual statements

47.     Subsequent annual statements should be in respect of the year ending on 31 December and should be furnished not later than 31 January in the following year.

Statement on leaving

48.   If your appointment ends during a year, you must furnish a statement covering the period from 1 January in that year, or the date of your appointment, if later, up to the date on which the appointment ended.  This statement should be furnished not later than 31 January in the following year.

Statement of a material interest

49.   In any case where a function of the office or position falls to be performed and you have actual knowledge that you, or a connected person, have a material interest in a matter to which the function relates, you must, as soon as may be, prepare and furnish a statement in writing of those facts to the relevant authority.  You should not perform the function unless there are compelling reasons requiring you to do so.  If you propose to perform the function you should, before doing so or, if that is not reasonably practicable, as soon as possible afterwards, prepare and furnish a statement in writing of the compelling reasons to the relevant authority.  The requirements set out in this paragraph apply whether or not an interest has been disclosed in a statement referred to in paragraph 45.

50.   In the case of the designated positions listed at (v) to (xxv) in the table at paragraph 45, the terms of employment under which you occupy or occupied the designated position will be deemed to include a term that you will comply with the foregoing requirements. 

Note: In the event that, in addition to the designated position described above, you occupy one or more other designated positions of employment or you hold one or more designated directorships, you are required to furnish a statement of interests,  as described in paragraph 18, separately in respect of each designated directorship held or designated position occupied.

(v)    SPECIAL ADVISERS

51.   A definition of what is meant by the term "special adviser" is provided in Part 8 of these guidelines.

52.   The period of employment or contract of a special adviser ends not later than the date on which the appointing office holder ceases to hold the office by reference to which he or she is an office holder.  In the case of a special adviser to a Minister of the Government appointed by the Government under the provisions of Section 11(1) of the Public Service Management Act 1997, the period of employment or contract terminates on the date on which the Minister ceases to hold the office by reference to which he/she is an office holder (i.e. not by reference to a change in portfolio).  In the case of a special adviser appointed by the Government under the provisions of Section 11(1) of the Public Service Management Act 1997 to a Minister of State assigned to a Department/Office, the period of employment or contract terminates on the expiration of the assignment of the Minister of State to that Department/Office (whether by appointment as a Minister of the Government, by assignment to another Department/Office, by resignation, or otherwise).

53.   The disclosure requirements of the Ethics Acts, as outlined in paragraphs 54 to 58 below, apply to any special adviser whose remuneration exceeds the amount of the salary at the second long service increment point of the Higher Executive Officer (non-personal pension contribution) scale in the Civil Service, i.e. €55,415 with effect from 1 January 2010.

54.   You are required in each year, during any part of which you hold or held a position as special adviser, to prepare and furnish a statement in writing of your interests, as described in paragraph 18, in a form determined by the Minister for Public Expenditure and Reform, to the office holder concerned and to the Standards Commission.  You must sign and date your statement after the expiry of the period covered by your statement as provided for in the following paragraphs.  The Standards Commission will accept the furnishing of a copy of your statement subject to an original signature.

First statement

55.   Your first statement should cover the period from 1 January, or the date of your appointment in a particular year, if later, up to 31 December of the same year and should be furnished not later than 31 January in the following year.

Subsequent annual statements

56.   Subsequent annual statements should be in respect of the year ending 31 December and should be furnished not later than 31 January in the following year.

Statement on leaving

57.   If your appointment ends during a year, you must furnish a statement covering the period from 1 January in that year, or the date of your appointment, if later, up to the date on which the appointment ended.  This statement must be furnished within 28 days of your appointment ending.

Statement of a material interest

58.   In any case where a function of the position falls to be performed and you have actual knowledge that you, or a connected person, have a material interest in a matter to which the function relates, you must, as soon as may be, prepare and furnish a statement in writing of those facts to the office holder and to the Standards Commission.  You should not perform the function unless there are compelling reasons requiring you to do so.  If you propose to perform the function you should, before doing so or, if that is not reasonably practicable, as soon as possible afterwards, prepare and furnish a statement in writing of the compelling reasons to the office holder and the Standards Commission.  The requirements set out in this paragraph apply whether or not an interest has been disclosed in a statement referred to in paragraph 54.

59.   It is a requirement that the office holder for whom you act, or acted, as special adviser should lay before each House of the Oireachtas the following documents:

1. a copy of the contract, or a statement in writing of the terms and conditions, under which you act or acted as special adviser,
2. a copy of the statement of your own interests (not spouse or civil partner or children) furnished by you to the office holder,
3. a statement as to whether you are a relative or civil partner of the office holder and
4. a statement of your qualifications relevant to your functions as special adviser.

60.   You are required to undertake that you will not engage in any trade, profession, vocation or other occupation which might reasonably be seen to be capable of interfering with or being incompatible with the role of special adviser.

61.   The terms under which you (a) occupy a position to which section 7(1)(e) of the Public Service Management (Recruitment and Appointments) Act 2004 relates, (b) are employed under the contract for services concerned or (c) have been appointed by the Government under the provisions of Section 11(1) of the Public Service Management Act 1997, will be deemed to include a term that you will comply with the foregoing requirements and that your appointment or employment ends in accordance with the provisions set out in paragraph 52 above.

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