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Annual Report 2005
Ethics Acts
During 2005, the Standards Commission continued its supervision of the Ethics in Public Office Act 1995 (the 1995 Act) and the Standards in Public Office Act 2001 (the 2001 Act), collectively known as the Ethics in Public Office Acts 1995 and 2001 (the Ethics Acts). Its work in this area is primarily concerned with providing guidelines and advice to those subject to the Ethics Acts, overseeing their disclosure of interests, administering the tax compliance obligations under the Ethics Acts attaching to members of both Houses of the Oireachtas and senior public servants, publication of codes of conduct and, where necessary, investigating alleged contraventions of the Ethics Acts.
The Standards Commission notes that the Minister for Finance has not initiated the appropriate motion in the Houses of the Oireachtas to designate the Chairpersons of Oireachtas Committees as office holders thereby making them subject to the Act in respect of those positions. The Standards Commission would welcome such a change, which would be in keeping with the expansion of the Ethics Acts in other areas of the Public Service.
In this chapter of the report, the Standards Commission gives an account of its activities under the Ethics Acts in 2005, including the further extension of the application of the Ethics Acts to a number of public bodies in the semi-state sector. The Standards Commission provided guidance and advice to designated directors and occupiers of designated positions in these bodies setting out their obligations under the legislation. This chapter also highlights the need for these public bodies to ensure that appointees to senior office within the bodies are made aware of their tax clearance obligations. Information is provided on the complaints mechanisms of the Ethics Acts and on the powers available to the Standards Commission to deal with alleged contraventions of the legislation. Also included is commentary on developments relating to other codes of conduct applying to the public service.
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