Ethics in Public Office Act, 1995
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Investigations by Commission. |
23.—(1) Subject to subsection (2), where— | |
(a) a complaint is referred or made to the Commission under section 22 , or | ||
(b) the Commission considers in the case of— | ||
(i) a person who may have contravened Part II , III or IV at a time when he or she was an office holder, | ||
(ii) a person who is an office holder and who may have contravened Part II before becoming an office holder, or | ||
(iii) a person to whom section 22 (4) (b) (i) applies and who may have contravened Part IV — | ||
that it is appropriate to do so, it shall carry out an investigation to determine, whether, as may be appropriate— | ||
(I) the person referred to in subparagraph (i) contravened Part II , III or IV at a time when he or she was an office holder, | ||
(II) the person referred to in subparagraph (ii) contravened Part II before becoming an office holder, or | ||
(III) the person referred to in subparagraph (iii) contravened Part IV . | ||
(2) Before the Commission decides whether to carry out under subsection (1) an investigation of a matter that— | ||
(a) relates to a person who holds or held a designated directorship of, or occupies or occupied a designated position in, a public body, and | ||
(b) was not the subject of a complaint referred or made to it under section 22 , | ||
the Commission shall— | ||
(i) consult with any Minister of the Government on whom a function in relation to the body stands conferred, and | ||
(ii) give to any such Minister of the Government as aforesaid and to the body a statement in writing of the reasons why it considers it appropriate that the investigation should be carried out, | ||
and it shall decide not to carry out the investigation unless, having considered any representations made to it by that Minister of the Government or the body, it is satisfied that it is appropriate to carry it out and that an adequate investigation cannot or will not be carried out by or on behalf of that Minister of the Government or the body or any other authority. | ||
(3) Where the Commission, either during or at the conclusion of an investigation under this section, becomes of opinion that the person the subject of the investigation has not contravened the provision of this Act to which the investigation relates but may have contravened another provision of Part II , III or IV , it may carry out an investigation under this section to determine whether the person has contravened that other provision, but subsection (2) shall not apply in relation to the investigation. |