Special Advisers

Certain obligations arise for Special Advisers under the Ethics in Public Office Act 1995 and the Standards in Public Office Act 2001 which are known together as the Ethics in Public Office Acts 1995 and 2001 (the Ethics Acts).

The disclosure requirements of the Ethics Acts apply to Special Advisers if their remuneration exceeds the maximum salary (standard scale, Class B PRSI) of a Higher Executive Officer in the Civil Service.

You are required, in respect of each year during any part of which you hold or held a position as Special Adviser, to prepare and furnish, to the office holder concerned and to the Standards in Public Office Commission (the Standards Commission), in a form which is determined by the Minister for Finance, a statement in writing of your registrable interests and a separate statement of the registrable interests of your spouse or child or a child of your spouse, which could materially influence you in, or in relation to, the performance of your functions. If there are no such interests to disclose, you are requested to furnish a nil statement. If your appointment ends during a year, you must furnish the statements in respect of that year within 28 days of your appointment ending. The forms for disclosure may be accessed on the website of the Department of Finance.

Also, if a function of your 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 and of the nature of the interest 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 that function, you should, before doing so or, if that is not reasonably practicable, as soon as possible afterwards, prepare and furnish to the office holder and the Standards Commission a statement in writing of the compelling reasons. The requirements relating to a material interest apply whether or not an interest has been disclosed in an annual statement of registrable interests. (A definition of what constitutes a "connected person" and a "material interest" is provided at Part 8 (Definitions) of the Standards Commission's guidelines for Public Servants.

If your remuneration exceeds the maximum salary (standard scale, Class B PRSI) of a Higher Executive Officer in the Civil Service, the office holder for whom you act, or acted, is required to lay before each House of the Oireachtas the following documents:

(i) a copy of the contract, or a statement in writing of the terms and conditions, under which you act or acted as Special Adviser,
(ii) a copy of the statement of your own interests (not spouse or children) furnished by you to the office holder,
(iii) a statement as to whether you are a relative of the office holder and
(iv) a statement of your qualifications relevant to your functions as Special Adviser.

If your remuneration does not exceed the maximum salary (standard scale, Class B PRSI) of a Higher Executive Officer in the Civil Service, the office holder for whom you act or acted is required to lay the documents outlined at (i) and (iii) above only before each House of the Oireachtas.

If your remuneration exceeds the maximum salary (standard scale, Class B PRSI) of a Higher Executive Officer in the Civil Service, you must give an undertaking that you will not engage in any trade, profession or other occupation which might reasonably be seen to be capable of interfering with or being incompatible with the role of Special Adviser.

The following publications will provide more detailed information relating to your obligations under the Ethics Acts: