Designated positions of employment
All persons who occupy or occupied a designated position of employment, as prescribed by regulations made by the Minister for Public Expenditure & Reform, in a public body 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 occupies more than one designated position a separate interest statement should be furnished in respect of each position. For civil servants who occupy designated positions, where there are no interests to disclose, under Department of Finance circular 4/2002, a ‘nil’ statement is requested.
In the public service including the Civil Service, all positions of employment in respect of which the maximum salary is not less than the maximum salary of a principal officer (general service grade) in the Civil Service, i.e. €92,672 with effect from 1 January 2010, are prescribed as designated positions of employment (under SIs No 698 and No 699 of 2004).
The terms under which a person occupies or occupied a designated position of employment 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 other positions of employment for the purposes of the Ethics Acts. These positions are listed in the schedules to:
- SI 35 of 2015 (positions in Government Departments and Offices);
- SI 271 of 2013 as amended and added to by SI 36 of 2015 (positions in public bodies).
Certain statutory offices and positions are also prescribed in the public interest as designated positions by the Minister for Public Expenditure & Reform, under section 18(3)(b)(v) of the Ethics in Public Office Act 1995. These are listed in section 18(3)(b)(v) and in regulation 6 of SI No 698 of 2004 as amended.
The statements are furnished to the relevant authority for the position. For positions of employment in Government Departments and Offices this is the secretary general of the department (head of office for a Civil Service office). For (a) designated positions in public bodies and for (b) offices and positions prescribed as designated positions in the public interests under section 18(3)(b)(v) of the Ethics in Public Office Act 1995, relevant authorities are listed in (a) the Determination of reporting requirements for the purposes of Sections 17 and 18 of the Ethics in Public Office Act 1995; and (b) the Determination of reporting requirements for offices and positions prescribed as designated positions under Section 18 of the Ethics in Public Office Act 1995; and 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 positions of employment (section 18 of the Ethics in Public Office Act 1995)
- Statement of Interests: English (PDF Word) Gaeilge (PDF Word)
- Statement of Nil Interest: English (PDF Word) Gaeilge (PDF Word)
Disclosure of material interests
Where a function of a designated position falls to be performed and the occupier of the position has actual knowledge that he or she or a connected person has a material interest in the function relates, the occupier of the position must prepare and furnish a statement in writing of those facts to the relevant authority for the position and should not perform the function unless there are compelling reasons requiring the occupier to do so. If the occupier of a designated position proposes to perform the function, he or she should furnish a statement in writing of the compelling reasons to the relevant authority. This applies whether or not the interest has been disclosed in an annual ethics statement.