Paschal Donohoe (Dublin Central, Fine Gael) | Oireachtas source

Section 29 makes provision for the issuing of advice by the commissioner. Subsection (1) provides for the issuing of advice by the commissioner to a person to whom the Act applies regarding steps that could be taken by the person to comply with the Act. Subsection (2) provides that when a request for advice is made, the relevant provision of this Act will not apply between the time the request is made and the time the commissioner gives or declines to give that advice. Subsection (3) provides that the commissioner may issue confidential advice and guidance where he or she considers it appropriate to do so. Subsection (4) provides that in any proceeding or investigation of a breach, regard will be given to whether a person complied with the advice furnished, but regard will only be had to the compliance with advice in respect of determining the sentence of the individual concerned. Subsection (5) provides that subsection (4) applies to advice or guidance confidentially under subsection (3), despite its confidential nature.

I will restate this in plain language. This goes to some of the questions put to me earlier regarding the application of the Act. If a public official has a question on how a provision of the Act is being implemented, the official can go to the commission and ask for advice if he or she has a concern. During the period when the official is receiving advice, the relevant provision of the Act will not apply to the official. This is to respect the fact that the official is receiving advice. Then, when the official gets that advice and an issue arises, the official will be required to bring his or her affairs into line with the Act.