Annual Report 2005

Complaints to the Standards Commission

The Ethics Acts provide for the making of a complaint to the Standards Commission where it is considered that a contravention of the legislation may have occurred. Section 22 of the 1995 Act details the sources from which the Standards Commission can receive complaints. Section 4 of the 2001 Act broadened the circumstances in which complaints can be made to the Standards Commission. For example, any person may complain to the Standards Commission if they consider that a specified person (see note 1 below) or a connected person (see note 2 below) may have done an act which is inconsistent with the proper performance of the functions of the position or office held or occupied by the specified person. Full details of the scope of the complaints provisions are outlined in the table below.

Who can complain	Subject of the complaint
Any person	Office Holder (see note 3 below) Specified Person Connected Person
TD or Senator	Public Servant Office Holder
Minister for Finance	Public Servant
Any Minister (with the permission of the Minister for Finance)	Public Servant in a body where that Minister has charge or has functions conferred on him / her
A Public Body	Designated Director of the body Occupier of a designated position in the body
Appropriate Authority (See Note 4 below)	Civil Servant
Committee on Members Interests of Dáil / Seanad Éireann	TD or Senator

Note1:
A specified person:

(i) is or, at the time to which the complaint concerned relates, was an office holder or the holder of the office of Attorney General but not a member;

(ii) is or, at the time aforesaid, was a special adviser or held a designated directorship of, or occupied a designated position in, a public body; or

(iii) holds or occupies or, at the time aforesaid, held or occupied a directorship or a position of employment in a public body.

Note 2:
a person is connected with an individual by means of a family or business relationship.

Note 3:
a Minister of the Government, a Minister of State, a Chairman/Deputy Chairman of Dáil/Seanad Éireann.

Note 4:
generally the Government as the appointing authority for the majority of civil servants.

In the first instance, complaints against members of Dáil Éireann who are not office holders would be made to the Committee on Members' Interests of Dáil Éireann, while complaints against members of Seanad Éireann who are not office holders would be made to the Committee on Members' Interests of Seanad Éireann, via the Clerk of the Dáil or Seanad, as appropriate. The Clerk will pass on the complaint to the relevant Committee provided there is sufficient evidence to establish a prima facie case in relation to a complaint.

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