Ceanglais maidir le nochtadh agus na foirmeacha – Stiúrthóireachtaí Ainmnithe

Disclosure obligations

Designated directorships

All persons who hold or held a designated directorship in a public body, as prescribed by regulations made by the Minister for Public Expenditure & Reform, are required to furnish an annual statement of interests, disclosing any interest held by the person and any interests held, to the person’s actual knowledge, by his or her spouse or civil partner, a child of the person, or a child of a spouse, which could materially influence the person in or in relation to the performance of his or her official functions. Where a person holds more than one directorship a separate interest statement should be furnished in respect of each directorship.

The statements are furnished to (a) the officer of the body and (b) the Standards Commission, by 31 January of the following year.

The terms under which a person holds or held a designated directorship are deemed to include a term that the person will comply with the requirements of the Ethics in Public Office Acts.

Regulations made by the Minister for Public Expenditure & Reform prescribe by title the directorships in public bodies that are prescribed for the purposes of the Ethics Acts. These directorships are set out in two Statutory Instruments taken together: SI 271 of 2013 as amended and added to by SI 36 of 2015.

For each public body, the officer of the body is listed in the Determination of reporting requirements for the purposes of Sections 17 and 18 of the Ethics in Public Office Act 1995 in the Standards Commission’s Guidelines on compliance with the provisions of the Ethics in Public Office Acts 1995 and 2001 – Public Servants.

Forms for designated directorships (section 17 of the Ethics in Public Office Act 1995)

Disclosure of material interests

In any case where a function of the directorship falls to be performed and a designated director has actual knowledge that he or she or a connected person has a material interest in the function, the director must furnish a statement in writing of those facts to the other directors of the body and should not perform the function unless there are compelling reasons to do so. If the director proposes to perform the function, he or she should furnish a statement in writing of the compelling reasons to the other directors and to the Standards Commission. This applies whether or not an interest has been disclosed in an annual ethics statement.