Ethics in Public Office Act, 1995
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PART VI Miscellaneous | ||
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Action by Houses where reports laid before them. |
28.—(1) Where a copy of a report of a Committee or a copy of a report of the Commission furnished to a Committee is laid before either House, the Committee may, if it considers it appropriate, having regard to all the circumstances of the case, to do so, cause a motion to be moved in that House for a resolution that such action or actions specified in subsection (2) as may be specified in the resolution and is or are reasonable in all the circumstances be taken by that House in relation to the matter. | |
(2) The actions referred to in subsection (1) are— | ||
(a) the taking note by the House concerned of the report of the Committee, or the report of the Commission, concerned, | ||
(b) the censuring of the office holder or other member concerned by the House, | ||
(c) the suspension of the office holder or other member concerned from the service of the House— | ||
(i) for such period not exceeding 30 days on which the House shall have sat as may be specified in the resolution concerned, and | ||
(ii) in addition, if the report aforesaid includes a determination that the office holder or other member is continuing to contravene this Act and the Committee is satisfied that the contravention has continued up to the date of the motion for the resolution concerned under subsection (1), until such time (if any) after the expiration of the period specified pursuant to subparagraph (i) in the resolution as he or she takes the steps specified in the resolution (being the steps specified in the report) to secure compliance by him or her with this Act. | ||
(3) Where a report referred to in subsection (1), a copy of which has been laid before either House, includes a determination that the office holder or other member concerned acted in good faith and in the belief that his or her action was in accordance with guidelines published or advice given in writing under section 12 or, as the case may be, section 25 , a Committee shall not recommend that the action specified in paragraph (b) or (c) of subsection (2) be taken by the House. | ||
(4) The action referred to in subsection (2) (c) shall not affect either the amount of or the payment of any allowance or annual or other sum to which the office holder or other member concerned would, but for such action, be entitled under the Oireachtas (Allowances to Members) Act, 1938 , Part III of the Ministerial and Parliamentary Offices Act, 1938 , or section 3 of the Oireachtas (Allowances to Members) and Ministerial and Parliamentary Offices (Amendment) Act, 1992 . |