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Disclosure

Attorney General

The Attorney General is the legal adviser to the Government and is therefore the chief law office of the State.

Attorney General who is not an Oireachtas member

A person, who is not a member of Dáil Éireann or of Seanad Éireann, and who holds or held the office of Attorney General is required in each year, during any part of which the person holds or held that office, to prepare 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 as Attorney General.

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

Ethics statement of interest forms:

Ethics in Public Office Acts 1995 and 2001

Ethics in Public Office Acts 1995 and 2001

Disclosure of material interests

In any case where a function of the office of Attorney General falls to be performed, and an Attorney General has actual knowledge that he or she or a connected person has a material interest in the function, the Attorney General must furnish a statement in writing of the facts and of the interest to the Taoiseach and to the Standards Commission.

This applies whether or not the interest has been disclosed in an annual ethics statement.

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 and Reform, are required to furnish an annual statement of interests.

Disclosure obligations

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 and 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:

SI 271 of 2013

SI 35 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)

Statement of Interests – English:

Designated Directorships

Designated Directorships

Statement of Interests – Gaeilge:

Stiúrthóireachtaí Ainmnithe

Stiúrthóireachtaí Ainmnithe

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.

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 and 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 and 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

SI 271 of 2013

SI 36 of 2015

Certain statutory offices and positions are also prescribed in the public interest as designated positions by the Minister for Public Expenditure and 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 :

  • designated positions in public bodies and for
  • 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 the Determination of reporting requirements for the purposes of Sections 17 and 18 of the Ethics in Public Office Act 1995; and
  • 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:

Designated Positions of Employment

Designated Positions of Employment

Statements of Interests – Gaeilge:

Poist Fostaíochta Ainmnithe

Poist Fostaíochta Ainmnithe

Statement of Nil Interest – English:

Designated Positions of Employment

Designated Positions of Employment

Statement of Nil Interest – Gaeilge:

Poist Fosaíochta Shainithe

Poist Fosaíochta Shainithe

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.

Office Holders and Oireachtas Members

All persons who are Oireachtas members (i.e. T.Ds and Seanadóirí, including office holders) on a registration date (e.g. 31 December) must furnish each year a statement of their own registrable interests to the Standards Commission.

The statement must be furnished by 31 January of the following year and must comprehend any period(s) in the year the person was an Oireachtas member.

Where no interests exist, a ‘nil’ statement must be furnished. These interests are published in the relevant Register of Members’ Interests.

Forms for Oireachtas members (section 5 of the Ethics in Public Office Act 1995)

Statement of interests for members of Dáil Éireann (enga)

Statement of interests for members of Seanad Éireann (enga)

Statement of Additional Interests

Office holders are also required to furnish annually a Statement of Additional Interests (i.e. those interests of which the office holder has actual knowledge of the office holder’s spouse or civil partner, or child of the office holder or a child of a spouse or of a civil partner, that could materially influence the office holder in the performance of his or her official functions).

The form for this statement is sent to the office holder by the Minister for Public Expenditure and Reform and must be returned by 31 January of the following year to the Clerk of the Dáil. Where no interests exist, a ‘nil’ statement is requested.  These statements are not published.

Ex-office holders

Ex-office holders are also required to furnish a statement of additional interests comprehending any period in a year they were an office holder.  This applies even where the ex-office holder is not an Oireachtas member on 31 December.

Form for office holders (section 13 of the Ethics in Public Office Act 1995)

Statement of additional interests form

Poist Fostaíochta Shainithe

Office Holders

Disclosure of a material interest

Oireachtas members

Where an Oireachtas member has actual knowledge that he or she or a connected person has a material interest in proceedings of a House or Committee, and intends to speak in the proceedings, the member must make a declaration of that fact in the House or Committee, either before or during your speech.

If the member intends to vote but not speak, the member must make a declaration of the facts in writing to the Clerk of the House or Committee before voting.

Office holders

Where an office holder has actual knowledge that he or she or a connected person, or another office holder or a person connected to another office holder has a material interest of a function of his or her office, the office holder must furnish a statement in writing of the facts and the interest the Taoiseach and to the Standards Commission.

Special Advisers

A “special adviser” in accordance with Section 19 of the Ethics in Public Office Act 1995 is a person who –

  • is or was employed under a contract for services by an office holder, having been selected for the award of the contract by an office holder personally otherwise than by means of a competitive procedure,

and whose function or principal function as such a person is or was to provide advice or other assistance to or for the office holder.

A special adviser also includes a person appointed, by order of the Government, pursuant to section 11 of the Public Service Management Act 1997. 

A special adviser whose remuneration exceeds the salary at the second long service increment point of the Higher Executive Officer (non-personal pension contribution) scale in the Civil Service, i.e. €55,415 with effect from 1 January 2010.

Must furnish a statement in writing of their own interests that could materially influence the special adviser in or in relation to the performance of his or her official functions, to the office holder who appointed the special adviser or on whose behalf the appointment was made and to the Standards Commission.

This form is laid before the Oireachtas and is deemed public. Where there are no interests to disclose, there is no obligation on a special adviser to furnish a nil statement.

Where no interests exist there is no requirement on an office holder to lay a nil statement of a special adviser before the Oireachtas. This arrangement reflects the different status of these positions whose tenure is directly linked to an Office Holder.

The special adviser must also furnish a statement in writing of any interest of which the special adviser has actual knowledge of his or her spouse or civil partner, or child or a child of a spouse (i.e. ‘additional interests’), which could materially influence the special adviser in or in relation to the performance of his or her official functions to the office holder who appointed the special adviser, or on whose behalf the appointment was made, and to the Standards Commission.

This form is not laid before the Oireachtas.

Special advisers are required to undertake that they will not engage in any trade, profession, vocation or other occupation which might reasonably be seen to be capable of interfering with or being incompatible with the role of special adviser.

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

Special advisers (section 19 of the Ethics in Public Office Act 1995)

Statement of interests – English:

Special Advisers

Special Advisers

Statement of additional interests – English:

Special Advisers

Special Advisers

Statement of additional interests – Gaeilge:

Comhairleoirí Speisialta

Comhairleoirí Speisialta

Disclosure of material interests

Where a function of a special advisership falls to be performed and the special adviser has actual knowledge that he or she or a connected person, has a material interest the function, the special adviser must furnish a statement in writing of the fact and the interest the office holder and to the Standards Commission.

The special adviser should not perform the function unless there are compelling reasons to do so.  If the special adviser proposes to perform the function, he or she should prepare and furnish a statement in writing of the compelling reasons to the office holder and the Standards Commission.

This applies whether or not the interest has been disclosed in an annual ethics statement.

Related Topics

Department of Finance

S.I No 145 of 2008

Legislation

Public Service Management (Recruitment and Appointments) Act 2004

Public Service Management Act 1997

Disclosable Interests

Disclosable interests are those in the Second Schedule to the Ethics in Public Office Act 1995

Discloser Statement Recipients
Oireachtas member Annual statement of personal registrable interests Standards in Public Office Commission
Oireachtas member Nil statement, where no registrable interests exist Standards in Public Office Commission
Office holder Annual statement of personal registrable interests Standards in Public Office Commission
Oireachtas member Nil statement, where no registrable interests exist Standards in Public Office Commission
Office holder Annual statement of ‘additional interests’ Clerk of the Dáil (of the Seanad, where the office holder is a Seanadóir)
Attorney General (who is an Oireachtas member) As for office holders As for office holders
Attorney General (who is not an Oireachtas member) Annual statement of interests The Taoiseach and the Standards Commission
Designated director Annual statement of interests The officer of the body and the Standards Commission
Designated position of employment Annual statement of interests The relevant authority for the position
Designated position of employment, in the Civil Service A ‘nil’ statement, where no disclosable interests exist, is requested under Department of Finance circular 4/2002 The relevant authority for the position
Offices and positions prescribed as designated positions under section 18(3) of the Ethics in Public Office Act 1995 Annual statement of interests The relevant authority for the position
Special adviser Annual statement of personal interests The office holder who appointed the special adviser and the Standards Commission.
Special adviser A ‘nil’ statement, where no registrable interests exist, is requested under Department of Finance circular 4/2002 The office holder who appointed the special adviser.
Special adviser Annual statement of ‘additional interests’ The office holder who appointed the special adviser and the Standards Commission.

Attachments

  • Ethics in Public Office Acts 1995 and 2001

    Download
  • SI 271 of 2013

    Download
  • SI 35 of 2015

    Download
  • Designated Directorships

    Download
  • Designated Directorships

    Download
  • Stiúrthóireachtaí Ainmnithe

    Download
  • Stiúrthóireachtaí Ainmnithe

    Download
  • SI 35 of 2015

    Positions in Government Departments and Offices

    Download
  • SI 36 of 2015

    Download
  • Designated Positions of Employment

    Download
  • Designated Positions of Employment

    Download
  • Poist Fostaíochta Ainmnithe

    Download
  • Poist Fostaíochta Ainmnithe

    Download
  • Designated Positions of Employment

    Statement of 'Nil' Interests

    Download
  • Poist Fosaíochta Shainithe

    Ráitheas um Leasanna 'ar bith'

    Download
  • Poist Fostaíochta Shainithe

    Download
  • Special Advisers

    Download
  • Special Advisers

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  • Special Advisers

    Additional Interests

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  • Comhairleoirí Speisialta

    Leasanna Breise

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  • Office Holders

    Additional Interests

    Download
  • Special Advisers

    Download
  • Comhairleoirí Speisialta

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  • Ethics in Public Office Acts 1995 and 2001

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