First Previous (FIRST SCHEDULE Public Bodies)

22 1995

ETHICS IN PUBLIC OFFICE ACT, 1995

SECOND SCHEDULE

Registrable Interests

Section 2 .

1. Each of the following interests shall be a registrable interest for the purposes of this Act:

(1) a remunerated trade, profession, employment, vocation or other occupation of the person concerned (other than that of office holder or member or an occupation to which Part IV applies) at any time during the appropriate period, in relation to that person, specified in section 5 (1) or 20 the remuneration from which to the person concerned during that period exceeded £2,000,

(2) a holding by the person concerned of shares in, or bonds or debentures of, or other like investments in, a particular company or other enterprise or undertaking if the aggregate value of the holding exceeded £10,000 at any time during the appropriate period aforesaid,

(3) a directorship or shadow directorship of any company held by the person concerned at any time during the appropriate period aforesaid,

(4) any interest in land of the person concerned, being an interest the value of which exceeded £10,000 at any time during the appropriate period aforesaid, including—

(a) the interest of the person in any contract entered into by him or her for the purchase of land, whether or not a deposit or part payment has been made under the contract, and

(b) the interest of the person in—

(i) any option held by him or her to purchase land, whether or not any consideration has been paid in respect thereof, or

(ii) land in respect of which such an option has been exercised by the person but which has not yet been conveyed to the person,

but excluding any interest in land consisting of any private home of the person or of his or her spouse, that is to say, a building or part of a building that is occupied by the person or his or her spouse or a child of the person or of the spouse as a separate dwelling and any garden or other land usually occupied with the dwelling, being land that is subsidiary or ancillary to it, is required for its amenity or convenience and is not being used or developed primarily for commercial purposes,

(5) (a) a gift given to the person concerned during the appropriate period aforesaid, but excluding—

(i) a gift given to the person by a relative or friend of the person or of his or her spouse or of a child of the person or his or her spouse for purely personal reasons only, unless the acceptance of the gift by the person could have materially influenced him or her in the performance of his or her functions as a member, office holder, Attorney General, holder of a designated directorship, occupier of a designated position or special adviser, and

(ii) a gift given to the person, or gifts given to the person by the same person, during the period aforesaid, as respects which the value, or the aggregate value, of the property the subject of the gift or gifts did not exceed £500 at any time during the period aforesaid,

(b) (i) property supplied or lent or a service supplied to the person, once or more than once by the same person during the period aforesaid, for a consideration or considerations or at a price or prices less than the commercial consideration or considerations or the commercial price or prices by more than £500, and

(ii) property lent or a service supplied to the person, once or more than once by the same person during the period aforesaid, free of charge if the commercial consideration or considerations or the commercial price or prices was or were more than £500,

other than property supplied or lent or a service supplied to a person by a relative or friend of the person or of his or her spouse or of a child of the person or of his or her spouse where such supply or loan was in the nature of a gift to the person and for personal reasons only unless the acceptance of the property or loan or the service by the person could have materially influenced him or her in the performance of his or her functions as a member, office holder, Attorney General, holder of a designated directorship, occupier of a designated position, or special adviser,

(6) travel facilities, living accommodation, meals or entertainment supplied during the appropriate period aforesaid to the person concerned free of charge or at a price that was less than the commercial price or prices, but excluding—

(a) travel facilities, living accommodation, meals or entertainment provided—

(i) within the State, or

(ii) in the course and for the purpose of—

(I) the performance of the functions of the person as a member, office holder, holder of a designated directorship, occupier of a designated position or special adviser, or

(II) the trade, profession, employment, vocation or other occupation (other than an occupation specified in subclause (I)) of the person,

or

(iii) in the case of a member, by the Inter Parliamentary Union (or such other (if any) similar bodies as may be specified by the Committee in guidelines published by it under section 12 ) or any organisation of states or governments of which the State or the Government is a member or a body of or associated with any such body or organisation,

(b) travel facilities, living accommodation, meals or entertainment supplied to the person by a relative or friend of the person or of his or her spouse or of a child of the person or his or her spouse where such supply was in the nature of a gift given to the person for personal reasons only, unless the acceptance by the person of such facilities, accommodation, meals or entertainment might reasonably be seen to have been capable of influencing him or her in the performance of his or her functions as a member, office holder, Attorney General, holder of a designated directorship, occupier of a designated position or special adviser,

(c) travel facilities, living accommodation, meals or entertainment supplied to the person, once or more than once by the same person during the period aforesaid, free of charge if the commercial price, or the aggregate of the commercial prices, of the facilities, accommodation, meals or entertainment did not exceed £500, or

(d) travel facilities, living accommodation, meals or entertainment supplied to the person, once or more than once by the same person during the period aforesaid, at a price or prices less than the commercial price or prices by not more than £500,

(7) a remunerated position held by the person concerned as a political or public affairs lobbyist, consultant or adviser during the appropriate period aforesaid,

(8) any contract to which the person concerned was a party or was in any other way, directly or indirectly, interested for the supply of goods or services to a Minister of the Government or a public body during the appropriate period aforesaid if the value of the goods or services supplied during the period aforesaid exceeded £5,000 or, in case other goods or services were supplied under such a contract as aforesaid to a Minister of the Government or a public body during the period aforesaid, if the aggregate of their value and the value aforesaid exceeded £5,000.

2. (1) In paragraph 1 (2), “holding” does not include money in a current, deposit or other similar account with a financial institution.

(2) In paragraph 1 (3), “shadow directorship” means the position held by a person who is a shadow director within the meaning of the Companies Acts, 1963 to 1990, or, in the case of a public body that is not a company (within the meaning of the Companies Act, 1963 ) and is specified in subparagraph (8), (9), (10), (11) or (12), or stands prescribed for the purposes of subparagraph (13), of paragraph 1 of the First Schedule , the position held by a person in accordance with whose instructions or directions the members of the body or the members of the board or other body that controls, manages or administers that body are accustomed to act.

Acts Referred to

Capital Acquisitions Tax Act, 1976

1976, No. 7

Civil Service Commissioners Act, 1956

1956, No. 45

Civil Service Regulation Acts, 1956 and 1958

Companies Acts, 1963 to 1990

Companies Act, 1963

1963, No. 33

Corporation Tax Act, 1976

1976, No. 7

Electoral Act, 1992

1992, No. 23

Local Government Act, 1941

1941, No. 23

Oireachtas (Allowances to Members) Act, 1938

1938, No. 34

Oireachtas (Allowances to Members) and Ministerial and Parliamentary Offices (Amendment) Act, 1992

1992, No. 3

Public Bodies Corrupt Practices Act, 1889

1889, c. 69

Prevention of Corruption Act, 1906

1906, c. 34

Prevention of Corruption Act, 1916

1916, c. 64

Prevention of Corruption Acts, 1889 to 1916

State Property Act, 1954

1954, No. 25