Written answers

Wednesday, 21 November 2007

Department of Social and Family Affairs

Conflicts of Interest

9:00 pm

Photo of Damien EnglishDamien English (Meath West, Fine Gael)
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Question 249: To ask the Minister for Social and Family Affairs if any of his Department's advisers have declared a conflict of interest in the past five years; and if he will make a statement on the matter. [30176/07]

Photo of Martin CullenMartin Cullen (Waterford, Fianna Fail)
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In the period in question, none of the people employed as Special Advisers by me or both my predecessors, have declared a conflict of interest in relation to the performance of their duties as Special Adviser.

INFORMATION NOTE

Extract of the relevant section (19.3) of the Ethics in Public Office Act 1995 follows:

(3) (a) If the remuneration of a person as a special adviser exceeds a prescribed amount, (HEO Maximum — currently €52,379 per annum) then—

(i) subject to section 20 (3), in each year during any part of which the person is a special adviser, he or she shall prepare and furnish to the office holder concerned and the Commission a statement in writing of—

(I) the interests of the person, and

(II) the interests of which he or she has actual knowledge of his or her spouse or a child of the person or of his or her spouse, during the appropriate period specified in section 20 (1) which could materially influence the person in or in relation to the performance of his or her functions as a special adviser by reason of the fact that such performance could so affect those interests as to confer on or withhold from the person or the spouse or child a substantial benefit,

(ii) in any case where such a function falls to be performed and he or she has knowledge that he or she or a connected person has a material interest in a matter to which the function relates, he or she—

(I) shall, as soon as may be, prepare and furnish to the office holder and to the Commission a statement in writing of those facts,

(II) shall not perform the function unless there are compelling reasons requiring him or her to do so, and

(III) shall, if he or she proposes to perform the function, prepare and furnish to the office holder and the Commission, before or, if that is not reasonably possible, as soon as may be after such performance, a statement in writing of the compelling reasons aforesaid, and

(iii) the person shall undertake not to engage in any trade, profession, vocation or other occupation, whether remunerated or otherwise, which might reasonably be seen to be capable of interfering or being incompatible with the performance by the person of his or her functions as a special adviser.

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