Dublin Docklands Development Authority Act, 1997

Disclosure of interests.

39.—(1) A person to whom this section applies who has a pecuniary or other beneficial interest in, or material to, any matter which falls to be considered by the Council or Executive Board or by a person to whom this section applies shall—

(a) in advance of any consideration of the matter, disclose to the Authority and as the case may be to any meeting of the Council or Executive Board considering the matter the nature of the interest;

(b) neither influence nor seek to influence a decision to be made in relation to the matter;

(c) take no part in any consideration of the matter;

(d) withdraw from the meeting of the Council or the Executive Board for so long as the matter is being discussed or considered by the Council or Executive Board.

(2) This section applies to—

(a) an employee of the Authority other than an employee holding a designated position within the meaning of the Ethics in Public Office Act, 1995 ,

(b) a person whose services are provided to the Authority under section 37 , and

(c) a consultant or adviser engaged by the Authority under section 36 .

(3) A person to whom this section applies shall be regarded as having a beneficial interest in (but not confined to) each of the following cases—

(a) the person, any member of the person's household or any nominee of the person or the person's household is a member of a company or any other body which has a beneficial interest in, or material to, a matter referred to in subsection (1);

(b) the person or any member of the person's household is in partnership with or is in the employment of a person who has a beneficial interest in, or material to, the matter;

(c) the person or any member of the person's household is a party to any arrangement or agreement (whether or not enforceable) concerning land to which that matter relates;

(d) any member of the person's household has a beneficial interest in, or material to, that matter.

(4) A person to whom this section applies shall not be regarded as having a beneficial interest in, or material to, any matter by reason only of an interest of that person or of any company or of any other body or person mentioned in subsection (3) which is so remote or insignificant that it cannot reasonably be regarded as likely to influence a person in considering or discussing, or in voting on, any question with respect to the matter, or in performing any function in relation to that matter.

(5) Where a question arises as to whether or not a course of conduct, if pursued by a person to whom this section applies, would be a failure by that person to comply with the requirements of subsection (1), the question shall be determined by the Council or Executive Board, as the case may be, and particulars of the determination shall be recorded in the minutes of the meeting concerned.

(6) Where at a meeting of the Council or Executive Board disclosure is made under this section, particulars of the disclosure shall be recorded in the minutes of the meeting concerned.

(7) A person who contravenes or fails to comply with a requirement of this section shall be guilty of an offence.

(8) In any proceedings for an offence under this section it shall be a defence for the defendant to prove that at the time of the alleged offence the defendant did not know and had no reason to believe that a matter in which, or in relation to which, the defendant had a beneficial interest had fallen to be considered by the defendant, by the Council or Executive Board, as the case may be, or that the beneficial interest to which the alleged offence relates was one in relation to which a requirement of this section applied.