S.I. No. 265/2013 - Ethics in Public Office (Designated Positions in Public Bodies) (Amendment) Regulations 2013.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 23rd July, 2013.

I, BRENDAN HOWLIN T.D., Minister for Public Expenditure and Reform, in exercise of the powers conferred on me by section 3 of the Ethics in Public Office Act 1995 (No. 22 of 1995) (as adapted by the Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 ( S.I. No. 418 of 2011 )), considering it necessary in the public interest to prescribe for the purposes of the definition of “designated position” in section 2 of that Act the position of employment in the public body specified in the following regulations, and after consultation with the Minister for Justice and Equality, hereby make the following regulations:

1. These Regulations may be cited as the Ethics in Public Office (Designated Positions in Public Bodies) (Amendment) Regulations 2013.

2. Regulation 6 of the Ethics in Public Office (Designated Positions in Public Bodies) Regulations 2004 ( S.I. No. 698 of 2004 ) is amended by inserting after paragraph (v) the following:

“(w) Director of the Insolvency Service of Ireland.”.

GIVEN under my Official Seal,

11 July 2013.

BRENDAN HOWLIN TD,

Minister for Public Expenditure and Reform.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations are made under the Ethics in Public Office Act 1995 (No. 22 of 1995) to apply the provisions of the Act to persons occupying specified positions of employment in the Civil Service. The Regulations prescribe certain positions in the Civil Service as “designated positions of employment” as defined in Section 18 of the Act. Persons occupying positions prescribed by these regulations are required, where an interest (as defined in the Second Schedule to the Act) exists, which could materially influence the person in his or her official duties, to furnish a statement of those interests to the relevant authority for the position (as defined in Section 18 of the Act). If no such interest or interests exists a “nil” statement is requested.

This regulation updates the list of Offices prescribed as designated positions of employment for the purposes of section 18 (3)(b)(v) of the Ethics in Public Office Act 1995 (No. 22 of 1995) to include the Office of the Director of the Insolvency Service of Ireland. This list of Offices was set out in regulation No. 6 of S.I No. 698 of 2004 and prescribes in the public interest certain public offices as designated positions of employment for the purposes of the Act.