Do you have questions about your responsibilities under the Acts? 

The Standards Commission provides advice to anyone with obligations under the Ethics Acts or the Electoral Act. 

You may seek written advice from the Commission on your obligations; and the Commission may choose to issue written advice to you, which is legally binding. However, most queries we receive are informal, and we provide guidance on how to comply with the Acts.

There is no provision for advice under the Oireachtas (Ministerial and Parliamentary Activities) (Amendment) Act 2014 nor the Regulation of Lobbying Act 2015. However, the Commission publishes guidelines and information tools to assist with compliance, and can answer general queries.

 

What advice can you give me under the Electoral Act?

Anyone covered by the Electoral Acts can seek advice on any aspect of the legislation or how it applies to a particular situation, in order to help them to comply with their legal obligations.

If a person is uncertain how the Act applies to them, he or she should contact the Standards Commission immediately. Ideally, requests for advice should be made in writing (including by e-mail). 

 

Who can seek advice under the Electoral Acts?

  • TDs
  • Senators
  • MEPs
  • Political parties
  • Candidates at Dáil and European Elections
  • Presidential election candidates and agents
  • Third parties
  • Corporate donors
  • Donors

 

The Standards Commission may give advice on:

  • Electoral Act payments to political parties
  • Donations and expenditure at elections

Advice given by the Standards Commission is binding.

 

What advice can you give me under the Ethics Acts?

Anyone covered by the Ethics Acts 1995 and 2001 can seek advice on any aspect of the legislation or how it applies to a particular situation, in order to help them to comply with their legal obligations.

If a person is uncertain how the Acts apply to them, he or she should contact the Standards Commission immediately. Ideally, requests for advice should be made in writing (including by e-mail).

Where requested, advice must be provided by the Standards Commission within 21 days or, alternatively, it may decline to give advice. The Standards Commission will try to provide, or confirm, all formal advice in writing.

 

Who can seek advice under the Ethics Acts?

  • the Attorney General
  • special advisers
  • holders of "designated directorships"
  • occupiers of designated positions in the civil service and the semi-state sector
  • office holders (including Ministers and Ministers of State)

Members of the Dáil or Seanad who are not office holders may contact the Committee on Members' Interests (for the relevant House) for advice on their obligations. 

 

The Standards Commission may give advice on:

  • Annual statements of interests
  • Statements of material interest
  • Statutory declarations

The Commission may also refuse to give advice, in situations where there is reason to believe a contravention has occurred that the Commission might have to investigate.

When a request for advice is made, the relevant provision of the Act won't be applied until the Commission either provides advice or declines to do so.

Advice given by the Standards Commission is binding. 

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