Bertie Ahern (Dublin Central, Fianna Fail)

That is not advisable because of cases where one could be used unintentionally in an advertisement. In the case of someone intentionally placing his or her photograph in an advertisement, the commission said that was something that should not be done.

The code of conduct does not stand in isolation. It is part of the wider framework of the Ethics in Public Office Act 1995 and the Standards in Public Office Act 2001. They must be read together and that is the point made by the commission. The code cannot impose new requirements that are not legislatively based. It can, however, be used by the commission as guidance to whenever a complaint is made under section 4 of the Act, which provides for complaints of a breach of ethics. The Standards in Public Office Commission oversees implementation of the Acts and guidelines and has specific statutory powers to investigate and make findings on failures of compliance with the Acts. The Acts are taken together and the code is admissible in any proceedings before a court, a tribunal or a committee of the House. The code, in its own right, indicates standards of conduct and integrity for officeholders where these are not expressly covered by legislation. It can be used against a Member.

See this speech in context