Mr. Tom Moylan:

The legislation categorises gifts or travel as being connected or not connected to a function in terms of whether they are from a relative or a person not connected to the local representative. No declaration is required if it is from a relative and there is no limit in receiving a gift as long as it is not connected to a function. That is right because they are private and personal.

We believe that if gifts are received from a third party, there will be a requirement for category A public officials to make private declarations once it goes over a certain limit, even though the gifts are not connected with the function. We would distinguish between accepting a gift that is connected with a function and accepting one that is not connected with a function. We welcome the provision under section 11 of the Bill where if a person tries to give a gift that is connected with his or her function to an elected member or category A public representative or any official, the obligation is on the public official to refuse the gift. There is an additional obligation to notify the SIPO commissioner. We welcome this provision. If, however, it is not connected to their functions and with the limits set at over €600, our members at local authority level would feel that some of these gifts could be of a personal nature, even from a person who is not connected to the representative. Members might ask why a private declaration would have to be made for that. In the context of the proof needed on whether the gift was or was not connected to a function, it comes down to somebody making a complaint and the ensuing investigation process. A public official may be able to genuinely state that it was not connected with a function but if it is, then we would have issues with it.