Local Government Act 2001
Duty of members appointed to other bodies.
141.—(1) Where one or more than one member of a local authority is elected, appointed or nominated by that authority to another body, whether established by or under statute or otherwise, it is the duty of that member or members to represent the local authority and to present a report to it on the activities and operation of that body—
(a) annually, or
(b) at any other time, if so requested by resolution or by the Cathaoirleach.
(2) Every report to which subsection (1) relates shall be presented by the member or members concerned to a meeting of the local authority.
(3) Nothing in this section requires the disclosure of information to the authority which is confidential or which could not otherwise be disclosed.
(4) This section also applies to any person who holds membership of a body, by virtue of being Cathaoirleach or any other member of a local authority.
Members’ expenses, remuneration, etc.
142 — (5)(f) Where a member of an elected council attends a meeting or event by virtue of an authorisation under this section, he or she shall submit a summary of the proceedings to the next ordinary meeting of the local authority.
Standards of integrity.
168.— In carrying out their functions under this or any other enactment, it is the duty of every member and every employee of a local authority and of every member of every committee to maintain proper standards of integrity, conduct and concern for the public interest.
Codes of conduct for Local Government Service.
169.— (3) (a) Each member shall have regard to and be guided by the relevant code of conduct in the exercise of his or her functions.
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.
Circular LG 49/2 - Directions issued by the Minister for the Environment under Article 12 of the Local Government (Expenses of Local Authority Members) Regulations 1993 (SI 391 of 1993)
Part II
6. A local authority shall not pay more than one travelling allowance to a member in respect of the same journey and shall not pay any travelling allowance to a member in respect of any journey or part of a journey in respect of which an allowance is paid by, or is payable by, or is claimed from, another public authority.
13. A local authority shall not pay more than one subsistence expenses allowance to a member in respect of the same period of absence and shall not pay any subsistence allowance to a member in respect of any period or part of a period in respect of which an allowance is paid by, or is payable by, or is claimed from, another public authority or other body.
18. A local authority shall not pay any travelling or subsistence expenses allowance or recoup any cost to a member in respect of any matter or any particular journey or part of a journey, or period of time, or item of expense which has been paid or recouped by, or is payable or recoupable by, any other person to such member or which has been claimed from any other person by such member.
22. (1) A member shall not be entitled to take a particular journey or part of a journey, or a particular period of time or any other item into account for the purposes of more than one claim in respect of a travelling or subsistence expenses allowance and a member shall not make a claim from a local authority in respect of any matter or any particular journey or part of a journey, or period of time or item of expense which has been paid or recouped by, or is payable or recoupable by, any other local authority or person to such member or which has been claimed from any other local authority or person by such member.
Code of Conduct for Councillors (relevant extracts)
2. General conduct and behaviour
2.1 The general conduct and behaviour of councillors in carrying out their role is an important yardstick by which the honesty, integrity, impartiality and performance of local government is judged and public trust maintained. It is important therefore that these core values underpin all actions of councillors affecting local authority business. As holders of elected office they have a duty to keep faith with the public trust placed in them. This is a personal responsibility and requires them to observe the highest ethical standards in the performance of their role.
2.2 Councillors in carrying out their role should abide by this Code and:-
- act in a way which enhances public trust and confidence;
- avoid conflicts of interest and never seek to use improper influence;
- make decisions based solely on consideration of the public interest and the common good;
- serve their local authority and its people conscientiously, honestly and impartially;
- promote equality and avoid bias;
- perform their functions in a responsible and diligent manner;
- treat their colleagues and local authority employees with courtesy and respect.
2.3 More generally, councillors should in all matters seek to ensure that their conduct does not bring the integrity of their office or of local government into disrepute.
8. Regard for council resources
8.1 Councillors must show all reasonable care for local authority property, resources and funds and not use them, or permit their use, for unauthorised or non-official purposes. They must observe in full and at all times the rules governing the making of claims and of payments of any kind. This includes representational payment, annual allowance, cathaoirleach's or other allowance, conference attendance or other travel.
8.2 The Act permits the authorisation of conference attendance where the council is satisfied such is justified by reference to relevance to the authority and local community, the cost and the benefits likely to accrue. It is the personal responsibility of each individual to ensure his or her proper attendance for the duration and to report back to the council in accordance with the Act.