Niall Collins (Limerick West, Fianna Fail)
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Question 204: To ask the Minister for the Environment, Heritage and Local Government the sanction or penalty for breach of a regulation (details supplied); and if he will make a statement on the matter. [39943/09]

John Gormley (Dublin South East, Green Party)
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The Local Government Act 2001 provides that it is the duty of every local authority member to maintain proper standards of integrity, conduct and concern for the public interest, and this is emphasised in the Code of Conduct for Councillors that has been issued under the Act. The Act also provides that a person is disqualified from being a member of a local authority in a range of circumstances, including where that person is convicted of fraudulent or dishonest dealings affecting a local authority, or of corrupt practices.

Directions issued by the Minister for the Environment, Heritage and Local Government under section 142 of the Local Government Act 2001 provide that a member of a local authority is liable to repay any allowance received for travelling and subsistence expenses to which such member was not entitled. A local authority is required to take any necessary action to recover any such amount repayable, including by way of deduction from, or suspension of, any other amounts to which a member would otherwise be entitled.

The Ethics in Public Office Acts 1995 and 2001 apply in relation to local authorities. Furthermore, the normal criminal law regarding fraud and deception may also be relevant.