Ethics in Public Office Act, 1995

Guidelines and advice from Committees.

12.—(1) A Committee—

(a) shall, after consultation with the Commission and the other Committee, from time to time draw up and publish to members guidelines concerning the steps to be taken by members to ensure compliance by them with this Act generally and, in particular, with sections 5 and 7 , and

(b) may, at the request of a member, give advice to the member in relation to any provision of this Act or as to the application, in relation to any particular case, of section 5 or 7 .

(2) When a request is made under subsection (1) (b) in relation to a particular case, the section concerned of this Act shall not, as respects the member who made the request, apply in relation to that case during the period from the making of the request to the time when advice is given by a Committee in relation to the case or it declines to give such advice.

(3) A Committee shall, within 21 days of the receipt by it of a request for advice under subsection (1) (b), furnish the advice to the member concerned or notify him or her of its decision to decline to do so.

(4) A person shall act in accordance with guidelines and advice published or given to the person under this section unless, by so doing, the act concerned would constitute a contravention of another provision of this Act.

(5) In this section “member” does not include a member who is an office holder.