Ethics in Public Office Act, 1995

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PART V

The Commission

Establishment, membership and functions of Commission.

21.—(1) On the commencement of this section, there shall stand established a commission (which shall be known as the Public Offices Commission and is referred to in this Act as “the Commission”) to perform the functions conferred on it by this Act.

(2) The Commission shall consist of the following members:

(a) the Comptroller and Auditor General,

(b) the Ombudsman,

(c) the Chairman of Dáil Éireann,

(d) the Clerk of Dáil Éireann,

(e) the Clerk of Seanad Éireann.

(3) (a) Subject to paragraph (b), where a member of the Commission notifies the Minister that he or she is for any reason (other than the operation of subsection (4)) temporarily unable to act as such member or any of the offices aforesaid is vacant, the Minister shall appoint—

(i) in the case of the Comptroller and Auditor General, the Secretary and Director of Audit of the Office of the Comptroller and Auditor General,

(ii) in the case of the Ombudsman, the Director of the Office of the Ombudsman,

(iii) in the case of the Chairman of Dáil Éireann, the Deputy Chairman of Dáil Éireann,

(iv) in the case of the Clerk of Dáil Éireann, the Clerk Assistant of Dáil Éireann, and

(v) in the case of the Clerk of Seanad Éireann, the Clerk Assistant of Seanad Éireann,

to be a member of the Commission for the duration of such inability or vacancy.

(b) If a person falling, pursuant to paragraph (a), to be appointed to be a member of the Commission cannot be so appointed or the Commission consider that it would not be appropriate so to appoint that person, the Minister shall appoint such other person as the Commission may nominate for the purpose to be such a member for the duration of the inability or vacancy concerned.

(c) Upon the appointment of a person pursuant to paragraph (a) or (b) to be a member of the Commission for the duration of an inability, the member of the Commission who is temporarily unable to act as such member shall be deemed for such duration not to be a member of the Commission.

(d) If a member of the Commission ceases to hold the office by virtue of which he or she became a member of the Commission, he or she shall thereupon cease to be a member of the Commission.

(4) (a) The Comptroller and Auditor General and the Secretary and Director of Audit of the Office of the Comptroller and Auditor General shall not take part in any proceedings of the Commission relating to the Comptroller and Auditor General or a member of the staff of the Office of the Comptroller and Auditor General.

(b) The Ombudsman and the Director of the Office of the Ombudsman shall not take part in any proceedings of the Commission relating to the Ombudsman or a member of the staff of the Office of the Ombudsman.

(c) The Chairman of Dáil Éireann, the Deputy Chairman of Dáil Éireann, the Clerk of Dáil Éireann, the Clerk Assistant of Dáil Éireann, the Clerk of Seanad Éireann and the Clerk Assistant of Seanad Éireann shall not take part in any proceedings of the Commission relating to the Chairman or Deputy Chairman of either House or to a member of the staff of the Houses.

(d) Where a member of the Commission is, by virtue of paragraph (a), (b) or (c) unable to take part in proceedings of the Commission, subsection (3) shall not apply in relation to such inability, and the Minister shall appoint such person as he or she may determine to be a member of the Commission for the purpose of taking part in those proceedings but for no other purpose and the first-mentioned member shall be deemed, in relation to those proceedings, not to be a member of the Commission.

(5) The quorum for a meeting of the Commission shall be three or such other number (being not less than three) as may be determined from time to time by the Commission.

(6) (a) The Commission shall appoint one of its members to be chairman of the Commission and the member so appointed shall hold the office of chairman for such period as may be determined by the Commission.

(b) If the chairman of the Commission ceases during his or her term of office as such chairman to be a member of the Commission, he or she shall also cease to be the chairman of the Commission.

(7) At a meeting of the Commission—

(a) the chairman of the Commission shall, if present, be chairman of the meeting,

(b) if and for so long as the chairman of the Commission is not present or if the office of chairman is vacant, the members of the Commission who are present shall choose one of their number to be chairman of the meeting.

(8) A decision at a meeting of the Commission (other than a meeting held for the purposes of an investigation under section 23 ) may be that of a majority of the members present and voting on the question and, in the case of an equal division of votes, the chairman of the meeting shall have a second or casting vote.

(9) The Commission may act (otherwise than in relation to an investigation under section 23 ) notwithstanding one or more vacancies among its members.

(10) Such functions of the Commission (other than functions under section 23 ) as may be specified by it may be performed, under the supervision and subject to the general direction of the Commission, by members of the staff of the Commission duly authorised in that behalf by the Commission.

(11) Subject to the provisions of this Act, the Commission shall determine, by standing orders or otherwise, the procedure and business of the Commission.

(12) The Minister shall make available to the Commission such reasonable facilities and services (including clerical, secretarial and executive services) as the Minister, after consultation with the Commission, may determine.

(13) Subject to such conditions as the Minister may determine, there shall be paid to the Commission out of moneys provided by the Oireachtas such amounts as the Minister may, after consultation with the Commission, determine in respect of the reasonable expenses of the Commission and its members.