Ethics in Public Office Act, 1995
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Complaints to Commission. |
22.—(1) A person (other than a member) who considers that— | |
(a) a person may have contravened Part II , III or IV at a time when he or she was an office holder, or | ||
(b) that a person who is an office holder may have contravened Part II before becoming an office holder, | ||
may make a complaint in writing in relation to the matter to the Clerk and, subject to subsection (2), the Clerk shall refer the matter to the Commission and shall furnish a copy of the complaint to the Commission. | ||
(2) The Clerk shall consider a complaint under subsection (1) and, if the Clerk is of opinion that it is frivolous or vexatious, he or she— | ||
(a) shall not refer it to the Commission, and | ||
(b) shall prepare a statement in writing of the reasons for his or her opinion and furnish it to— | ||
(i) the person who made the complaint, | ||
(ii) the person concerned, and | ||
(iii) the Commission. | ||
(3) A member who considers that— | ||
(a) a person may have contravened Part IV , | ||
(b) a person may have contravened Part II , III or IV at a time when he or she was an office holder, or | ||
(c) that a person who is an office holder may have contravened Part II before becoming an office holder, | ||
may make a complaint in writing in relation to the matter to the Commission. | ||
(4) (a) Where the Minister considers that a person, other than an office holder, may have contravened Part IV , he or she may make a complaint in writing in relation to the matter to the Commission. | ||
(b) (i) Where a Minister of the Government considers that a person to whom this subparagraph applies may have contravened Part IV , he or she may, with the consent of the Minister, make a complaint in writing in relation to the matter to the Commission. | ||
(ii) Subparagraph (i) applies to the following persons: | ||
(I) a person who occupies or occupied a designated position in a Department of State or office of which the Minister of the Government by whom the complaint concerned is made has charge, | ||
(II) a person who holds or held a designated directorship of, or occupies or occupied a designated position in, a public body specified in subparagraphs (8) to (12) of paragraph 1 of the First Schedule or standing prescribed for the time being under subparagraph (13) of the said paragraph 1 in relation to which functions stand conferred on the Minister of the Government by whom the complaint concerned is made, and | ||
(III) a person who is or was a special adviser assigned to the Minister of the Government by whom the complaint concerned is made or to a Minister of State at the Department of State administered by that Minister of the Government. | ||
(c) Where a public body specified in subparagraphs (8) to (12) of the said paragraph 1 or standing prescribed for the time being under subparagraph (13) of the said paragraph 1 considers that a person who— | ||
(i) holds or held a designated directorship of the body, or | ||
(ii) occupies or occupied a designated position in the body, | ||
may have contravened Part IV , it may make a complaint in writing in relation to the matter to the Commission. | ||
(d) Where the appropriate authority (within the meaning of the Civil Service Regulation Act, 1956 , but excluding a Minister of the Government) in relation to a civil servant (within the meaning aforesaid) considers that the civil servant may have contravened Part IV , the authority may make a complaint in writing in relation to the matter to the Commission. |