Brian Cowen (Laois-Offaly, Fianna Fail)

This amendment amends section 15A to be inserted in Part III of the Ethics in Public Office Act 1995 so that the opinion to be sought from the Standards in Public Office Commission about acceptance of a benefit from a friend is whether it would not be likely to materially influence the recipient in the performance of his or her official duties. The term "materially influence" appears three times in the proposed new section regarding the opinion to be sought from the Standards in Public Office Commission by an officeholder or Member proposing to accept the benefit from a friend for personal reasons only, the opinion to be sought by an officeholder or Member who accepts a benefit in circumstances where it would be unreasonable to refuse it and the opinion to be notified by the Standards in Public Office Commission to the officeholder or Member who requested it. In all these cases the commission, as a result of this amendment, will be asked for its opinion whether acceptance "would not be likely to materially influence" the officeholder or Member in his or her official functions or duties.

The effect of the amendment is that the opinion of the Standards in Public Office Commission would be framed in the terminology used in the Second Schedule to the Ethics in Public Office Act 1995 regarding gifts. Those covered by the legislation and the Standards in Public Office Commission are already making judgments about what could materially influence them and no new interpretations will therefore be required to be made by officeholders, Members or the Standards in Public Office Commission.