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Disclosure Requirements for Office Holders as Members

A. Annual Statement of Registrable Interests

8. A person, including an office holder, who is a member of Dáil or Seanad Éireann on 31 December (i.e. the registration date) in any year is required to furnish a statement of registrable interests to the Standards Commission by the following 31 January. The statement should cover any period(s) when the person was a member of either House during the preceding year.

In practice this means that the annual statement of registrable interests would cover the calendar year from 1 January to 31 December and would be provided to the Standards Commission by the following 31 January. If the Dáil stands dissolved on 31 December in any year for the purpose of holding a general election, the registration date for that year only would change - see definition of "registration date" inAppendix 1of these guidelines.

In any year in which there is a Dáil general election, the annual statement of registrable interests would cover the period(s) during that year when the person was a member of either House and would be furnished to the Standards Commission by the following 31 January, or such later date as set out in the definition of "registration date" inAppendix1. In the case of members of a Dáil who are elected to the immediately succeeding Dáil, the period from the day following the dissolution of the Dáil up to the day before the general election need not be covered in the annual statement of registrable interests.

9. The form for the registration of interests is provided to members of both Houses by the Standards Commission in January each year. An Irish language version of the form is available on request.

10. Interests held by members under the following general headings are registrable on this form:

(1) Occupational income, etc., other than that as office holder or member
(2) Shares, etc.
(3) Directorships
(4) Land and buildings
(5) Gifts
(6) Supplies of property or services
(7) Travel facilities, etc.
(8) Remunerated position as a lobbyist, etc.
(9) Contracts with the State

11. A fuller description of each registrable interest is given in Appendix 2 of these guidelines.

12. It is not necessary to specify the amount or monetary value of any interest or the remuneration of any trade, profession, employment, vocation or other occupation included in the statement.

13. The annual statements of registrable interests of members are forwarded by the Standards Commission to the Clerk of Dáil or Seanad Éireann, as appropriate. Each Clerk will establish a Register of Members' Interests which will be laid before Dáil or Seanad Éireann, as the case may be, and published in Iris Oifigiúil. A copy of the Register will be furnished by the Clerk to the Standards Commission. The Clerks may also correct errors or otherwise amend the Register as provided for in the 1995 Act.

Disclosure of a Material Interest in Proceedings of the Houses

14. If a member, including an office holder, who proposes to speak or vote in proceedings in either House, in a Committee of either House or in a Joint Committee of both Houses, has actual knowledge that he or she, or a connected person, has a material interest in the subject matter of the proceedings, then:

(i) if that member proposes to speak in the proceedings, he or she must make a declaration of the fact in the proceedings before or during the course of the speech, and

(ii) if that member proposes to vote, but does not speak, in the proceedings, he or she must make a declaration of the fact in writing and, before voting, furnish it to the Clerk of the House or Committee concerned, as appropriate.

15. For the purpose of the requirements in paragraph 14 above, a member, or a connected person, has a material interest in the subject matter of proceedings if the consequence or effect of any decision by the House, or the Committee or Joint Committee concerned, or by the Government or an office holder, concerning that matter may be to confer on, or withhold from, the member, or a connected person, a significant benefit or impose on the member, or a connected person, a significant loss, liability, penalty, forfeiture, punishment or other disadvantage without also conferring it on, withholding it from or imposing it on persons in general, or a class of persons which is of significant size having regard to all the
circumstances and to which the member, or a connected person, belongs.

16. Disclosure of a material interest in proceedings is not required where that interest has already been disclosed in an annual statement of registrable interests of the member which, or a copy of which, has been laid before the House. It should be noted that this exemption, by its nature, does not apply to any material interest on the part of a connected person.