Local Government Act 2001
Codes of conduct for Local Government Service.
169. -- (3) (b) Each employee shall, in so far as the code of conduct applies to that employee,
have regard to and be guided by the code of conduct in the exercise of his
or her functions.
(3) (c) There shall be deemed to be included in the terms and conditions of employment
of an employee an undertaking by him or her to have regard to and be
guided by the code of conduct in the exercise of his or her functions.
Disclosure by manager for local authority of pecuniary or other beneficial interests.
178. -- (1) This section applies where the manager for a local authority has actual knowledge that he or she or a connected person has a pecuniary or other beneficial interest in, or which is material to, any matter which is proposed or otherwise arises from or as regards the performance by the authority of any of its functions under this or any other enactment.
(2) The manager to whom subsection (1) relates shall comply with the following requirements:
(a) he or she shall neither influence nor seek to influence a decision of the local authority as regards the matter;
(b) he or she shall, as soon as may be, disclose in writing to the Cathaoirleach of the local authority the nature of his or her interest or the fact of a connected person's interest, and the Cathaoirleach shall furnish such written disclosure to the ethics registrar without delay.
(3) A disclosure furnished under subsection (2) shall be recorded by the ethics registrar in the register of interests.
(4) Where a function would normally be dealt with by the manager, the function shall be delegated by him or her in accordance with section 154, after disclosure under subsection (2), to an employee.
(5) The manager shall inform the Cathaoirleach of any delegation under subsection (4).
Standards in Public Office Act 2001
Complaints to Commission.
4. -- (1) Where a person (''the complainant'') considers that --
(a) a specified person or a person who, in relation to a specified person, is a connected person may have done an act or made an omission after the commencement of section 2 that is, or the circumstances of which are, such as to be inconsistent with the proper performance by the specified person of the functions of the office or position by reference to which he or she is such a person or with the maintenance of confidence in such performance by the general public, and the matter is one of significant public importance,
(b) a specified person may have contravened a provision of the Principal Act, or
(c) a specified person may have contravened a provision of the Act of 1997,
the complainant may make a complaint in relation to the matter to the Commission.
(2) Subsection (1) does not apply to an act or omission of a specified person or a person who, in relation to a specified person, is a connected person if it --
(a) relates to a private matter and is unrelated to the functions of the office or position by reference to which the specified person is such a person, or
(b) results from incompetence or inefficiency in the performance of, or from failure to perform, such a function, on the part of the specified person.
(3) A complaint under subsection (1) shall be in writing or in such other form as may be determined by the Minister.
(4) The Commission may request an inquiry officer to carry out a preliminary inquiry into any complaint under subsection (1) falling within paragraph (a) of that subsection unless it considers the complaint to be frivolous or vexatious.
(5) Where the subject matter of a complaint made or referred to the Commission is not, in the opinion of the Commission, of sufficient gravity to warrant investigation by the Commission, the Commission, at its discretion, either, shall not investigate it or shall refer it --
(a) in case it relates to a person who is or, at the time to which the complaint relates, was a member, to such committee of the House concerned as it considers appropriate,
(b) in case it relates to a person who is or, at the time aforesaid, was the holder of a designated directorship or any directorship, or the occupier of a designated position or any position, in a public body, to the head of the body,
(c) in case it relates to a person who is or was at the time aforesaid a special adviser, to the office holder to whom he or she is or was acting as special adviser.
(6) (a) In subsection (1), ''specified person'' means a person who --
(i) is or, at the time to which the complaint concerned relates, was an office holder or the holder of the office of Attorney General but not a member,
(ii) is or, at the time aforesaid, was a special adviser or held a designated directorship of, or occupied a designated position, in a public body, or
(iii) holds or occupies or, at the time aforesaid, held or occupied a directorship or a position of employment in a public body.
(b) Without prejudice to the generality of the expression ''significant public importance'' in subsection (1), a matter shall, if the Commission consider it appropriate to do so having regard to all the circumstances, be deemed by it, for the purposes of that subsection, to be of significant public importance if it relates to a benefit alleged to have been received by a specified person or a person who, in relation to a specified person, is a connected person and, in the opinion of the Commission, the value of the benefit was, is or might have been or be expected to be or to become not less than £10,000.
Housing Act 1988
Grants or subsidies by Minister for dwellings, sites and assistance provided by housing authorities.
15. -- (1) The Minister may, with the consent of the Minister for Finance and subject to such regulations as may be made by the Minister under this section, pay to a housing authority, out of moneys provided by the Oireachtas, such grant or subsidy as may be prescribed in respect of --
(a) the provision of dwellings (including houses, flats, maisonettes and hostels) by the authority;
(b) the improvement or reconstruction of dwellings provided by the authority;
(c) the provision or improvement by the authority of sites for caravans within the meaning of section 13 for persons to whom that section applies;
(d) the acquisition of land for the provision of dwellings or sites referred to in this section;
(e) the carrying out of ancillary works in connection with the provision or improvement of dwellings or sites referred to in this section; and
(f) the provision of assistance under section 5 to a body approved of by the Minister for the purposes of that section.
(2) Regulations under this section may, in particular, but without prejudice to the generality of subsection (1) --
(a) make provision in relation to all or any one or more of the following matters irrespective of whether or not a grant or subsidy is, or was, paid under this section in respect of particular dwellings, sites, land or works:
(i) the determination of rents of dwellings let by the housing authority;
(ii) the sale of dwellings and the application by the housing authority of the proceeds of such sale;
(iii) contributions by a housing authority towards the costs incurred by that authority in respect of their housing services;
(iv) the management, maintenance and improvement of dwellings or sites; and
(v) requirements in relation to the payment of any other grant or subsidy in respect of a dwelling under any enactment (including this Act);
and
(b) insofar as they relate to the payment of a grant or subsidy under subsection (1) (f), make provision in relation to all or any one or more of the matters referred to in section 5 (6).
(3) A grant or subsidy shall not be paid under this section in respect of a dwelling, site or works unless the relevant dwelling, site or works comply on completion with such conditions, if any, as may, from time to time, be determined by the Minister for the purposes of this section in relation to standards of construction and of works and the provision of water, sewerage and other services in dwellings or sites.
(4) A subsidy under subsection (1) in respect of loan charges may be made either to the housing authority concerned or, on their behalf, to the person who made the relevant loan in respect of which the loan charges were incurred.
Code of Conduct for Employees (relevant extracts)
3. Conflict of personal and public interest
3.5 In the case of certain categories of employees the Act requires them to furnish an annual declaration of certain "declarable interests": forms are supplied by the ethics registrar. The Act also provides that such employees must formally disclose to the manager any pecuniary or beneficial interest, (of which they have actual knowledge) they or a connected person have in, or material to, any matter relating to the local authority's functions with which they are concerned in the course of their duties. They must then comply with any directions given by the manager. Specific statutory requirements also apply in relation to disclosure by managers. The Act prohibits all such employees from seeking to influence the local authority improperly as regards any matter. These legal requirements must be observed at all times and failure to do so is an offence under the Act. Similar type requirements also apply under the Act to councillors; and to consultants providing a service to local authorities. The Act provides that in any proceedings under Part 15 a court may have regard to the relevant code as may the Standards in Public Office Commission in carrying out its functions.