Food Safety Authority of Ireland Act, 1998
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Declaration of interests. |
41.—(1) On his or her appointment, the chief executive, each member of the Board and each member of the Scientific Committee shall make a declaration in writing of his or her interests to the Minister, in such form as the Minister, following consultation with the Minister for Finance, may specify. | |
(2) On his or her appointment, each consultant and each employee of the Authority at a grade or level specified before the appointment by the Board, following consultation with the Minister, and each member of any subcommittee established under section 35 designated in this connection by the Board, shall declare his or her interests in writing to the chairperson of the Board and, within 3 months of such declaration, the chairperson shall inform the Board and the Minister of the interests declared and the names of those making the declarations. | ||
(3) A person to whom subsection (1) or (2) applies shall, throughout the tenure of his or her appointment, amend and update his or her declarations of interests as required by the Minister or the Board, as the case may be, of any change in the interests held by the person. | ||
(4) (a) A statement of the interests declared under subsection (1) shall be included in the next report prepared in accordance with section 25 (1) following the making of the declaration and any subsequent change in a declaration shall also be included in a statement in the next available report. | ||
(b) The form and context of the statement to be included in such report shall be agreed between the chairperson, the Minister and the Minister for Finance. | ||
(c) Notwithstanding the provisions of paragraph (b), it shall not be necessary to specify in a statement in such report the amount or monetary value of any interest, or the remuneration of any trade, profession or employment included in the statement. | ||
(5) Where a person to whom subsection (1) applies, fails to make a declaration in accordance with that subsection, the Minister shall decide the appropriate action (including removal from office) to be taken. | ||
(6) Where a person to whom subsection (2) applies, fails to make a declaration in accordance with that subsection, the Board shall decide the appropriate action (including removal from office or termination of contract) to be taken. | ||
(7) In this section: | ||
“employment” includes— | ||
(a) full-time employment, | ||
(b) part-time paid employment, where such employment is ongoing in the year of appointment or which arises in subsequent years, | ||
(c) temporary paid employment, being for a period of 16 weeks or more in the year of appointment or in subsequent years, or | ||
(d) being retained under contract, directly or indirectly, in any capacity as an advisor, consultant or lobbyist, or for the provision of services; | ||
by or in a food business; | ||
“food business” includes— | ||
(a) any business selling, distributing or marketing food directly to the public (including caterers and retailers), | ||
(b) any business engaged in distribution, transportation, importing, exporting, storage or wholesaling of food, or | ||
(c) processing and packaging of food, | ||
and shall be considered a food business where the activity in relation to food constitutes at least one third of the turnover of the business; | ||
“interests” includes— | ||
(a) employment by or on behalf of— | ||
(i) a food business, | ||
(ii) any organisation representative of food businesses, or | ||
(iii) any organisation representative of food producers, | ||
(b) ownership of a food business, | ||
(c) ownership of agricultural land used by the party concerned for or in connection with the production of food for sale, either directly or through another party, to the consumer, | ||
(d) shares in, bonds or debentures of, or other like investments in a food business, where the aggregate of such holdings exceeds £7,000, | ||
(e) a directorship or shadow directorship (within the meaning of the Companies Acts, 1963 to 1990) in a food business, held currently or during the previous two years, or | ||
(f) gifts of travel, holidays, transport, money (in excess of £500) or other benefits, including benefits from any beneficial interest in or connected with a food business or agricultural land, during the previous two years which were received by the person being appointed or by his or her spouse; | ||
“ownership” includes— | ||
(a) any proprietary interest in agricultural land or a food business, whether that interest is freehold, leasehold or beneficial, and shall apply, | ||
(b) where the interest is held solely by the person being appointed or shared with one or more other persons, or | ||
(c) where the interest, at the time of appointment, has a value of £15,000 or more. |