National Economic and Social Development Office Act 2006

Disclosure by members of Office, body and staff of interests.

22.— (1) A member of the Office or a body (other than the Office) who has any material or financial interest—

(a) in any body corporate with which the Office has made a contract or proposes to make any contract, or

(b) in any contract which the Office has made or proposes to make,

shall at a meeting of the Office or the body where any such matters has arisen—

(i) disclose the fact of such interest and the nature thereof,

(ii) withdraw from the meeting or that part of the meeting during which the matter is discussed,

(iii) take no part in any deliberations of the Office or the body, as the case may be, relating to the matter, and

(iv) not vote on a decision relating to the matter.

(2) Where an interest is disclosed pursuant to this section, the disclosure shall be recorded in the minutes of the meeting concerned and, for so long as the matter to which the disclosure relates is being dealt with by the meeting, the member by whom the disclosure is made shall not be counted in the quorum for the meeting.

(3) Where at the meeting concerned a question arises as to whether or not a course of conduct, if pursued by a member, would constitute a failure to comply with the requirements of subsection (1), the question may be determined by the chairman of the meeting whose decision shall be final and, where such a question is so determined, particulars of the determination shall be recorded in the minutes of the meeting.

(4) (a) Where the Taoiseach is satisfied that a member of the Office or a body has contravened subsection (1) the Taoiseach may remove that member from office.

(b) A person removed from office pursuant to this subsection shall thenceforth be disqualified from being a member of a body.

(5) A member of the staff of the Office who has any material or financial interest (otherwise than in his capacity as such a member) to which subsection (1) relates shall—

(a) disclose to the Office the fact of such interest and the nature thereof, and

(b) take no part in the negotiation of the contract or in any deliberations relating to the matter.

(6) Where a person referred to in this section fails to make a disclosure in accordance with this section, the Office, where the matter relates to the Office, or the body concerned, where the matter relates to it, shall decide the appropriate action (including removal from office or termination of contract) to be taken.