Ethics in Public Office Act, 1995

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Reports by Committees.

10.—(1) Subject to section 31 , where a Committee carries out an investigation under section 9 , it shall prepare a report in writing of the results of the investigation, and—

(a) shall furnish a copy of the report to the member concerned and, if the investigation followed a complaint under section 8 , the person who made the complaint, and

(b) if it determines that the member has contravened section 5 or 7 , it shall cause a copy of the report to be laid before the House.

(2) A report under subsection (1) shall set out the findings of the Committee concerned together with its determination in relation to the following matters, namely—

(a) whether there has been a contravention of section 5 or 7 by the member concerned and whether the contravention is continuing,

(b) in case the determination is that there has not been a contravention of section 5 or 7 by the member, whether the Committee is of opinion that the complaint was frivolous or vexatious or that there were no reasonable grounds for it, and

(c) in case the determination is that there has been a contravention of section 5 or 7 by the member—

(i) if the determination is that the contravention is continuing, the steps required to be taken by him or her to secure compliance by him or her with section 5 or 7 , as the case may be, and the period of time within which such steps should be taken,

(ii) whether the contravention was committed inadvertently, negligently, recklessly or intentionally,

(iii) whether the contravention was, in all the circumstances, a serious or a minor contravention, and

(iv) whether the member acted in good faith and in the belief that his or her action was in accordance with guidelines published or advice given in writing by a Committee under section 12 ,

and may refer to such other matters, if any, as the Committee considers appropriate.

(3) Where a Committee adjourns or postpones proceedings in relation to an investigation under section 9 , it may, if it considers it appropriate to do so, prepare an interim report in writing in relation to the investigation and furnish a copy thereof to the persons specified in subsection (1) (a).