Ethics in Public Office Act, 1995
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Prohibition of disclosure of information. |
35.—(1) A person shall not disclose information obtained by him or her under this Act or by being present at a sitting of a Committee or Commission held in private. | |
(2) Subsection (1) does not apply to— | ||
(a) the disclosure of information in the public interest by a Minister of the Government, | ||
(b) the disclosure of information contained in— | ||
(i) a statement under section 13 or 14 (1) or a statement under section 29 (2) in relation to an interest specified in section 13 , | ||
(ii) a statement under section 17 or 18 or a statement under section 29 (2) in relation to an interest specified in section 17 or 18 , or | ||
(iii) a statement under section 19 or a statement under section 29 (2) in relation to an interest specified in section 19 , | ||
by a person to whom the statement is furnished under this Act (“the first-mentioned person”) to— | ||
(I) in the case of a statement referred to in subparagraph (i), such Minister of the Government, | ||
(II) in the case of a statement referred to in subparagraph (ii), such directors of, or persons occupying positions of employment in, the public body concerned, and | ||
(III) in the case of a statement referred to in subparagraph (iii), such persons, | ||
as the first mentioned person considers appropriate in a case where that person is of opinion that the information is such as to show that there may exist a conflict between an interest specified in the statement, or an undisclosed interest, of the person by whom the statement is furnished as aforesaid and the public interest, | ||
(c) the disclosure of information by a person— | ||
(i) in the performance of his or her functions, or | ||
(ii) in the public interest, to a Minister of the Government, the Secretary to the Government, a Committee, the Commission or a person standing determined for the time being under section 18 as a relevant authority, or | ||
(iii) pursuant to an order of a court for the purpose of proceedings in that court, | ||
or | ||
(d) the disclosure, by or with the consent of the person to whom the information relates, of information contained in a report of a Committee under section 10 or the Commission under section 24 that has not been laid before either House. | ||
(3) A person who contravenes subsection (1) shall be guilty of an offence. |