EUROPAM

European Public Accountability Mechanisms

Ireland

Country score (European Average*)
  • 74(67) Political Financing
  • 48(50) Financial Disclosure
  • 54(41) Conflict of Interest
  • 83(56) Freedom of Information
  • 42(65) Public Procurement

Country Facts

IncomeHigh
GNI per capita (2011 PPP $)46,410
Population, total4,640,703
Urban population (% of total)63.2
Internet users (per 100 people)79.7
Life expectancy at birth (years)81.0
Mean years of schooling (years)12.2
Global Competitiveness Index5.1
Sources: World Bank, UNDP, WEF.

Political Financing

The Electoral Act (1997, amended 2012) is the main law regulating the financing of political parties in Ireland. 

There are some restrictions on the private income of political parties. Donations from foreign entities are banned. However, there are no bans on donations from corporations, trade unions or anonymous donors. There are limits on donations both during and outside of election campaigns. 

Public funding is available to political parties and is allocated according to the share of votes in the previous election. Funding cannot be used for campaign spending but can be used for ongoing party activities. There is subsidized media access for political parties which is allocated based on the number of candidates and the share of votes in the preceding election. There is also indirect public funding available in the form of premises for campaign meetings. Additionally, there are provisions to encourage gender equality among parties and candidates.

For regulations on spending, there are bans on vote buying and on the use of state resources being used in favour or against a political party or candidate. There are also limits on the amount a candidate can spend. 

Parties receiving above a certain donation threshold are required to keep accounts. These must be made public and must reveal the identity of donors where the donation is above a certain threshold. Reports are overseen by the Standards Commission. There are sanctions for breaches of the provisions of the law in the form of fines, the loss of public funding and other sanctions under the criminal law. 


Quantitative Data

Primary Metric

201220152016Trend
Bans and limits on private income363636
Public funding100100100
Regulations on spending757575
Reporting, oversight and sanctions758383

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Bans and limits on private income

Bans on donations from foreign interests

Is there a ban on donations from foreign interests to political parties? Yes. 5.5.1 A political party or any of its sub-units may not accept a donation, of any value, from an individual (other than an Irish citizen) who resides outside the island of Ireland. (Guidelines for political parties on donations and prohibited donations, 2015, Section 5.5.1)
Is there a ban on donations from foreign interests to candidates? Yes. 5.5.1 A member/MEP may not accept a donation, of any value, from an individual (other than an Irish citizen) who resides outside the island of Ireland. (Guidelines for Members of the Houses of the Oireachtas and Representatives in the European Parliament, 2015, Section 5.5.1)

Bans on corporate donations

Is there a ban on corporate donations to political parties? No. Art 23AA (1) None of the following persons namely— (a) a member of either House of the Oireachtas, (b) a member of the European Parliament, (c) a candidate at a Dáil, Seanad or European election, (d) a political party, (e) a third party, or (f) an accounting unit, shall, directly or through any intermediary, accept from a particular corporate donor in a particular year a donation the value of which exceeds €200 unless— (i) the corporate donor is registered on the register of corporate donors, and (ii) a statement is made on behalf of the corporate donor and furnished with the donation to the donee confirming that the making of the donation was approved by the corporate donor." 2.2 A corporate donor is defined as including: · a body corporate; · an unincorporated body of persons; or · a trust which makes a donation. A body corporate and any subsidiary thereof are deemed to be one person. (Art 23AA Electoral Act 1992 consolidated 2015 Guidelines for political parties on donations and prohibited donations, 2015, Section 2.2.)
Is there a ban on corporate donations to candidates? No. a) A candidate at an election shall not, directly or through any intermediary, accept in connection with the election from a particular corporate donor a donation the value of which exceeds €200 unless— (i) the corporate donor is registered on the register of corporate donors, and (ii) a statement is made on behalf of the corporate donor and furnished with the donation to the donee confirming that the making of the donation was approved by the corporate donor 2.2 A corporate donor is defined as including: · a body corporate; · an unincorporated body of persons; or · a trust which makes a donation. A body corporate and any subsidiary thereof are deemed to be one person. (Art 19BB.1, [As amended through the Electoral (Amendment) (Political Funding) Act 2012, Art 32]: Act 7, 1999) Guidelines for Members of the Houses of the Oireachtas and Representatives in the European Parliament (2015), Section 2.2)
Is there a ban on donations from corporations with government contracts to political parties? No. 2.1 A person is defined as including: · an individual; · a body corporate and any subsidiary thereof, e.g. a public or private company (a subsidiary of a body corporate is as defined under section 155 of the Companies Act); or · an unincorporated body of persons, e.g. a political party, a sub-unit of a political party, a partnership, a residents association, a lobby group. (Guidelines for political parties on donations and prohibited donations, 2015, Section 2.1)
Is there a ban on donations from corporations of partial government ownership to political parties? No. 2.1 A person is defined as including: · an individual; · a body corporate and any subsidiary thereof, e.g. a public or private company (a subsidiary of a body corporate is as defined under section 155 of the Companies Act); or · an unincorporated body of persons, e.g. a political party, a sub-unit of a political party, a partnership, a residents association, a lobby group. (Guidelines for political parties on donations and prohibited donations, 2015, Section 2.1)
Is there a ban on donations from corporations with government contracts to candidates? No. 2.1 A person is defined as including: · an individual; · a body corporate and any subsidiary thereof, e.g. a public or private company (a subsidiary of a body corporate is as defined under section 155 of the Companies Act); or · an unincorporated body of persons, e.g. a political party, a sub-unit of a political party, a partnership, a residents association, a lobby group. (Guidelines for political parties on donations and prohibited donations, 2015, Section 2.1)
Is there a ban on donations from corporations of partial government ownership to candidates? No. 2.1 A person is defined as including: · an individual; · a body corporate and any subsidiary thereof, e.g. a public or private company (a subsidiary of a body corporate is as defined under section 155 of the Companies Act); or · an unincorporated body of persons, e.g. a political party, a sub-unit of a political party, a partnership, a residents association, a lobby group. (Guidelines for political parties on donations and prohibited donations, 2015, Section 2.1)

Bans on donations from trade unions

Is there a ban on donations from Trade Unions to political parties? No. Trade Unions can give donations to parties or candidates not exceeding a minimun (p. 5) (Guidelines for political parties on donations and prohibited donations, 2015, page 5)
Is there a ban on donations from Trade Unions to candidates? No. Companies, trades unions, building societies and other 'friendly' societies must provide details in their annual report/return of all donations exceeding 5,078.95 EUR in value made by them. (Guidelines for political parties on donations and prohibited donations, 2015, page 5)

Bans on anonymous donations

Is there a ban on anonymous donations to political parties? No. There is a specific limit - Ban on anonymous donations exceeding EUR 100 [I$ 103] 5.1.1 A political party may not accept an anonymous donation exceeding €100 in value. (Guidelines for political parties on donations and prohibited donations, 2015, Section 5.1.1)
Is there a ban on anonymous donations to candidates? No. There is a specific limit - Ban on anonymous donations exceeding EUR 100 [I$ 103] 5.1.1 Candidates may not accept an anonymous donation exceeding €100 in value. (Guidelines for political parties on donations and prohibited donations, 2015, Section 5.1.1)

Other bans on donations

Is there a ban on state resources being given to or received by political parties or candidates (excluding regulated public funding)? Yes. 3.4 The Act provides that the following items shall not be regarded as a donation to a political party any payment, service or facility provided to a political party out of public funds or moneys provided by an institution of the European Communities or other intergovernmental organisation to which the State is a party, by virtue of it being a political party, a political group or any group of members in the Dáil, or a member of, delegate to or representative in a body established by or under an agreement or arrangement to which the State is a party; (Guidelines for political parties on donations and prohibited donations, 2015, Section 3.4)
Is there a ban on any other form of donation? No. Absent from legal framework

Donation limits

Is there a limit on the amount a donor can contribute to a political party over a time period (not election specific)? Yes. 5.4.1 The maximum value of donation(s) which a political party may accept from the same donor in the same calendar year, either directly or through an intermediary, is €2,500. Where a donor makes more than one donation to a political party in a particular year, the values of the donations must be aggregated for the purpose of observing the maximum limit. (Guidelines for political parties on donations and prohibited donations, 2015, Section 5.4.1)
Is there a limit on the amount a donor can contribute to a political party in relation to an election? No. Absent from legal framework
Is there a limit on the amount a donor can contribute to a candidate? Yes. Differing limits dependant on type of candidate: Article 9 of Electoral (amendment)(political funding) Act 2012: Section 23A (inserted by section 49(h) of the Act of 2001) of the Act of 1997: (1) Without prejudice to subsection (2), none of the following persons, namely— (a) a member of either House of the Oireachtas, (b) a member of the European Parliament, (c) a candidate at a Dáil, Seanad or European election, (d) a political party, (e) a third party, or (f) an accounting unit, shall, directly or through any intermediary, accept from a particular person in a particular year— (i) a donation the value of which exceeds, in case the first-mentioned person falls within paragraph (a), (b), or (c), €1,000, (ii) a donation the value of which exceeds, in case the first-mentioned person falls within paragraph (d), (e), or (f), €2,500, or (iii) a donation of cash of an amount which exceeds €200.”." Article 21 of Electoral (amendment)(political funding) Act 2012: Section 48A (inserted by section 49(h) of the Act of 2001) of the Act of 1997 is amended by substituting the following subsection for subsection (1): (1) Without prejudice to subsection (2), none of the following persons, namely— (a) a candidate, (b) a presidential election agent, or (c) a third party at a presidential election, shall directly or through any intermediary, accept from a particular person in a particular year— (i) a donation the value of which exceeds, in case the first-mentioned person falls within paragraph (a) or (b), €1,000, (ii) a donation the value of which exceeds, in case the first-mentioned person falls within paragraph (c), €2,500, or (iii) a donation of cash of an amount which exceeds €200 Information regarding limit for donations to parties or candidates cab be consulted in table "usefull information" (p. 5) of the Guidelines (Article 9 of the Electoral (amendment)(political funding) Act 2012: Section 23A (inserted by section 49(d) of the Act of 2001) of the Act of 1997. Article 21 of the Electoral (amendment)(political funding) Act 2012: Section 48A (inserted by section 49(h) of the Act of 2001) of the Act of 1997 Guidelines for Members of the Houses of the Oireachtas andRepresentatives in the European Parliament, 2015, page 5)

Public funding 

Eligibility criteria for direct public funding to political parties

Eligibility criteria for direct public funding to political parties: Share of votes in previous election Yes. "The Electoral Acts and the Oireachtas (Ministerial and Parliamentary Offices) (Amendment) Act 2001 (Party Leaders Allowance Act) provide for the Exchequer funding of qualified political parties. Political parties received a total of €13,480,749 in state funding for 2010. The money was paid to the parties under the Electoral Acts and under the Party Leaders Allowance legislation. Quote The funding is not subject to income tax and may not be used for electoral or referendum purposes. The level of funding is linked to pay increases in the civil service; however, the legislation which governs the funding is silent on pay decreases. Qualified political parties must furnish to the Standards Commission Statements of Expenditure of the funding received. " 2.3 A "qualified" political party (as referred to in paragraph 11.1 of these guidelines) is a political party which qualifies for Exchequer funding under the Act on the basis that its candidates received not less than 2% of the total first preference votes obtained by all candidates at the most recent Dáil general election. (Standards in Public Office Commission Annual report 2010 Article 2.3, Guidelines for political parties on donations and prohibited donations, 2015)
Eligibility criteria for direct public funding to political parties: Representation in elected body No. Absent from legal framework
Eligibility criteria for direct public funding to political parties: Participation in election No. Absent from legal framework
Eligibility criteria for direct public funding to political parties: Number of candidates No. Absent from legal framework
Eligibility criteria for direct public funding to political parties: Share of seats in previous election No. Absent from legal framework
Eligibility criteria for direct public funding to political parties: Share of votes in next election No. Absent from legal framework
Eligibility criteria for direct public funding to political parties: Registration as a political party No. Absent from legal framework
Eligibility criteria for direct public funding to political parties: Share of seats in next election No. Absent from legal framework
Eligibility criteria for direct public funding to political parties: Number of members No. Absent from legal framework
Eligibility criteria for direct public funding to political parties: Other No. Absent from legal framework

Allocation calculations for direct public funding to political parties

Allocation calculations for direct public funding to political parties: Proportional to votes received Yes. Proportional to the number of first preference votes received: Art 17.3 "The amount payable to qualified parties under subsection (2) shall be allocated to each qualified party in the same proportion as the total number of first preference votes obtained by every candidate of each such qualified party at the preceding general election bears to the total number of first preference votes obtained by candidates of all qualified parties at that election." Section 5. The allocation from the fund for each qualified party is determined by expressing the first preference votes received by the candidates of each qualified party at the last Dáil general election as a proportion of the total first preference votes received at the election by the candidates of all qualified parties (Art 17.3, Electoral Act 1992 consolidated 2015 Guidelines for Political Parties on Exchequer funding under the Electoral Acts, 2009, Section 5)
Allocation calculations for direct public funding to political parties: Equal No. Absent from legal framework
Allocation calculations for direct public funding to political parties: Proportional to seats received No. Absent from legal framework
Allocation calculations for direct public funding to political parties: Flat rate by votes received No. Absent from legal framework
Allocation calculations for direct public funding to political parties: Share of expenses reimbursed No. Absent from legal framework
Allocation calculations for direct public funding to political parties: Proportional to candidates fielded No. Absent from legal framework
Allocation calculations for direct public funding to political parties: Number of members No. Absent from legal framework
Allocation calculations for direct public funding to political parties: Other No. Absent from legal framework

Earmarking provisions for direct public funding to political parties

Earmarking provisions for direct public funding to political parties: Campaign spending No. Absent from legal framework
Earmarking provisions for direct public funding to political parties: Ongoing party activities Yes. Section 18(1)(a) of the Act, as amended, provides that funding received by qualified political parties must be applied to the general conduct and management of the party's affairs and the lawful pursuit by it of any of its objectives and, without prejudice to the generality of the foregoing, any or all of the purposes stated in the following four headings : general administration of the party; research, education and training; policy formulation; co-ordination of the activities of branches and members of the party. Funding received is deemed to include provision in respect of expenditure by qualified parties in relation to the promotion of participation by women and young persons in political activity. Funding may not be applied to, or to recoup, election expenses incurred at Dáil, Seanad, Presidential, European, local or Údaras na Gaeltachta elections. Similarly, funding cannot be used to further any particular outcome at a referendum. The Standards Commission has previously advised in guidelines published in November 2006 that election expenses can include pre-election spending and is not confined to expenses incurred on goods, property and services used during the election period. An extract from the guidelines issued in November 2006 is attached as Appendix 1 to these guidelines (Guidelines for Political Parties on Exchequer funding under the Electoral Acts, 2009, Section 4)
Earmarking provisions for direct public funding to political parties: Intra-party institution No. Absent from legal framework
Earmarking provisions for direct public funding to political parties: Other Yes. Section 18(1)(a) of the Act, as amended, provides that funding received by qualified political parties must be applied to the general conduct and management of the party's affairs and the lawful pursuit by it of any of its objectives and, without prejudice to the generality of the foregoing, any or all of the purposes stated in the following four headings : general administration of the party; research, education and training; policy formulation; co-ordination of the activities of branches and members of the party. Funding received is deemed to include provision in respect of expenditure by qualified parties in relation to the promotion of participation by women and young persons in political activity. Funding may not be applied to, or to recoup, election expenses incurred at Dáil, Seanad, Presidential, European, local or Údaras na Gaeltachta elections. Similarly, funding cannot be used to further any particular outcome at a referendum. The Standards Commission has previously advised in guidelines published in November 2006 that election expenses can include pre-election spending and is not confined to expenses incurred on goods, property and services used during the election period. An extract from the guidelines issued in November 2006 is attached as Appendix 1 to these guidelines (Guidelines for Political Parties on Exchequer funding under the Electoral Acts, 2009, Section 4)

Allocation criteria for free or subsidized access to media for political parties

Allocation criteria for free or subsidized access to media for political parties: Equal No. Absent from legal framework
Allocation criteria for free or subsidized access to media for political parties: Number of candidates Yes. Free airtime for party political broadcasts around elections. Election broadcasting [...] available to any party or group fielding at least seven candidates. [...] Time allocated to each group is based on the group's votes in last election and number and geographical spread of its candidates (GRECO (2009) Evaluation Report on Ireland, Transparency of Party Funding (Theme II) - p9)
Allocation criteria for free or subsidized access to media for political parties: Share of seats No. Absent from legal framework
Allocation criteria for free or subsidized access to media for political parties: Share of votes in preceding election Yes. Free airtime for party political broadcasts around elections. Election broadcasting [...] available to any party or group fielding at least seven candidates. [...] Time allocated to each group is based on the group's votes in last election and number and geographical spread of its candidates (GRECO (2009) Evaluation Report on Ireland, Transparency of Party Funding (Theme II) - p9)
Allocation criteria for free or subsidized access to media for political parties: Other No. Absent from legal framework
Are there provisions for free or subsidized access to media for candidates? Yes. Independent candidates also afforded coverage (GRECO (2009) Evaluation Report on Ireland, Transparency of Party Funding (Theme II) - p9)

Are there provisions for any other form of indirect public funding?

Provisions for any other form of indirect public funding: Premises for campaign meetings Yes. 57. Subject to subsections (2) and (4), each candidate at a Dáil election shall, subject to such conditions as (...), be entitled to send, free of any charge for postage, to each [person on the register of Dáil electors for the constituency or to any combination of such persons,] (household in the constituency)* one postal communication containing matter relating to the election only and not exceeding 50 grammes in weight. (Section 57, Electoral Act 1992 consolidated 2015)
Provisions for any other form of indirect public funding: Space for campaign materials No. Absent from legal framework
Provisions for any other form of indirect public funding: Tax relief Yes. Payments are exempt from income tax and are not reckoned in computing the income of a party for the purpose of the Income Tax Acts. (Guidelines for Political Parties on Exchequer funding under the Electoral Acts, 2009)
Provisions for any other form of indirect public funding: Free or subsidised transport No. Absent from legal framework
Provisions for any other form of indirect public funding: Free or subsidised postage cost Yes. 57. Subject to subsections (2) and (4), each candidate at a Dáil election shall, subject to such conditions as (...), be entitled to send, free of any charge for postage, to each [person on the register of Dáil electors for the constituency or to any combination of such persons,] (household in the constituency)* one postal communication containing matter relating to the election only and not exceeding 50 grammes in weight. (Section 57, Electoral Act 1992 consolidated 2015)
Provisions for any other form of indirect public funding: Other No. Absent from legal framework
Is the provision of direct public funding to political parties related to gender equality among candidates? Yes. Parties lose 50% of their funding if they have less than 30% of candidates of any gender (rule introduced in 2012). The law states that the 30% will increase to 40% at some time after 2020). Art 17.4b [As amended through the Electoral (Amendment) (Political Funding) Act 2012, Art 42] "(a) Payments calculated in accordance with this Part shall be reduced by 50 per cent, unless at least 30 per cent of the candidates whose candidatures were authenticated by the qualified party at the preceding general election were women and at least 30 per cent were men. (b) Paragraph (a)— (i) comes into operation on the polling day at the general election held next after section 42 of the Electoral (Amendment) (Political Funding) Act 2012 comes into operation, and (ii) ceases to have effect on the polling day at the general election held next after the expiration of 7 years from the polling day specified in subparagraph (i). (c) Payments calculated in accordance with this Part shall be reduced by 50 per cent, unless at least 40 per cent of the candidates whose candidatures were authenticated by the qualified party at the preceding general election were women and at least 40 per cent were men. (d) Paragraph (c) comes into operation on the day after the day on which paragraph (a) ceases to have effect.” Art. 46.3 Political parties should write gender of candidates in the list. (Article 46(3), Electoral Act 1992 consolidated 2015, Article 17(4)(b) (As amended through article 42 of Electoral (Amendment) (Political Funding) Act 2012))
Are there provisions for other financial advantages to encourage gender equality in political parties? Yes. In accordance with Section 18 of the Electoral Act 1997 (as amended), the funds received by qualified parties must be applied to the general conduct and management of the party's affairs and the lawful pursuit by it of any of its objectives and, without prejudice to the generality of the foregoing, any or all of the following purposes, namely: the general administration of the party; research, education and training; policy formulation; and the co-ordination of the activities of the branches and members of the party. The funding received is also deemed to include provision in respect of expenditure by qualified parties in relation to the promotion of participation by women and young persons in political activity. Public funding cannot be applied to, or be used to recoup, election or referendum expenses. Funding received is deemed to include provision in respect of expenditure by qualified parties in relation to the promotion of participation by women and young persons in political activity. (Guidelines for Political Parties on Exchequer funding under the Electoral Acts, 2009)

Regulations on spending 

Is there a ban on vote buying? Yes. Specifically outlawed: (1) A person shall not, in relation to an election— (a) give valuable consideration to induce a voter to vote, or to procure the election of any person or the vote of any voter, or on account of a voter having voted, or (b) procure, by means of, or in consequence of, valuable consideration, the election of any person or the vote of any voter, or (c) withdraw or refrain from withdrawing, in consequence of any valuable consideration, from being a candidate, or (d) induce, by means of, or in consequence of, valuable consideration, any person to withdraw or to refrain from withdrawing from being a candidate, or (e) receive, agree or contract to receive, valuable consideration for voting or agreeing to vote. (2) A person who contravenes sub-article (1) shall be guilty of an offence. (3) A person who aids, abets, counsels or procures the commission of an offence under this article shall be guilty of an offence. (4) In this article— give", "induce" and "procure" include agreeing or promising or attempting to give, induce or procure, as the case may be, and whether directly or indirectly; "valuable consideration" includes the giving, lending or agreeing to give or lend, or the offer or promise to procure or to attempt to procure, any money, money's worth or valuable security or any valuable consideration or any office, place or employment to or for any person; "vote" includes voting in a particular way or refraining from voting." (Part XV, Section 96) (Local Elections Regulations, 1995) "104. (1) A person shall not, in relation to a European election— (a) give valuable consideration to induce a voter to vote, or to procure the election of any person or the vote of any voter, or on account of a voter having voted; or (b) procure, by means of, or in consequence of, valuable consideration, the election of any person or the vote of any voter; or (c) withdraw or refrain from withdrawing, in consequence of any valuable consideration, from being a candidate; or (d) induce, by means of, or in consequence of, valuable consideration, any person to withdraw or to refrain from withdrawing from being a candidate; or (e) receive, agree or contract to receive, valuable consideration for voting or agreeing to vote. (2) A person who contravenes paragraph (1) shall be guilty of an offence. (3) A person who aids, abets, counsels or procures the commission of an offence under this rule shall be guilty of an offence. (4) In this rule— “give”, “induce” and “procure” include agreeing or promising or attempting to give, induce or procure, as the case may be, and whether directly or indirectly; “valuable consideration” includes the giving, lending or agreeing to give or lend, or the offer or promise to procure or to attempt to procure, any money, money’s worth or valuable security or any office, place or employment to or for any person; “vote” includes voting in a particular way or refraining from voting. Undue influence." (Part XIV, Section 104) (European Parliament Elections Act, 1997) (Part XV, Section 96 (Local Elections Regulations, 1995) Part XIV, Section 104) (European Parliament Elections Act, 1997))
Are there bans on state resources being used in favour or against a political party or candidate? Yes. "As a result of the judgement in the Des Kelly case, the election agents of candidates and the national agents of political parties were required to account for the costs of property, services or facilities, used for election purposes during the election period, which were met out of public funds. The revised total amount of costs met from public funds accounted for by election agents and national agents was €894,690.24" (Standards in Public Office Commission Annual report 2003) 135. (1) A person shall not, in relation to a Dáil election— (a) give valuable consideration to induce a voter to vote, or to procure the election of any person or the vote of any voter, or on account of a voter having voted; or (b) procure, by means of, or in consequence of, valuable consideration, the election of any person or the vote of any voter; or (c) withdraw or refrain from withdrawing, in consequence of any valuable consideration, from being a candidate; or (d) induce, by means of, or in consequence of, valuable consideration, any person to withdraw or to refrain from withdrawing from being a candidate; or (e) receive, agree or contract to receive, valuable consideration for voting or agreeing to vote. (Standards in Public Office Commission Annual report 2003 article 135, Electoral Act 1992 consolidated 2015)
Are there limits on the amount a political party can spend? No. Absent from legal framework
Are there limits on the amount a candidate can spend? Yes. 32(1) Minister for Public Expenditure and Reform shall prepare a scale of maximum charges for returning officers and every returning officer (...) in respect of his services and expenses in relation to every Dáil election in respect of which he is the returning officer, not exceeding the maximum charges specified in the scale prepared under this section and applying for the time being. (Electoral Act 1992 consolidated 2015, Article 32)

Reporting, oversight and sanctions 

Reporting standards

Do political parties have to report regularly on their finances? Yes. Section 20(1) of the Act requires the appropriate officer of each qualifying party to furnish to the Standards Commission an annual Statement of Expenditure of Exchequer funding. See Appendix 3 for a sample statement form and a pro-forma auditor's report. On the statement, the appropriate officer is required to -state the amount of funding received during the year; state the amount not spent the previous year and which was carried over; state the amount not spent during the year and which is being carried over to the next year; confirm that the funding was not used in connection with election or referendum expenses; confirm that the funding was applied to some or all of the purposes referred to at 4 above; provide a breakdown of expenditure relating to each of the purposes referred to at 4 above and indicate the actual matters to which the funding was applied and specify the nature of the expenses incurred Amounts applied to the promotion and participation of women and of young persons in political activity may, if appropriate, be included under any or all of the headings at 5, 6, 7 or 8 of the statement. Whether or not they are shown under these headings, the amounts applied to the promotion and participation of women and of young persons in political activity must also be shown separately under headings 9 and 10 respectively of the statement. The Statement of Expenditure of Exchequer funding must be audited by a public auditor (within the meaning of the Industrial and Provident Societies Acts 1896 to 1977). A copy of the auditor's report must be furnished to the Standards Commission with the statement. The cost of the audit will be borne by the party concerned. The Statement of Expenditure of Exchequer funding form at Appendix 3 includes a pro-forma auditor's report. The Standards Commission requests that the statement and auditors' reports are furnished by 31 March each year. This is not a statutory deadline. It is selected by the Standards Commission as it coincides with the date by which each registered political party must furnish its annual Donation Statement and Statutory Declaration to the Standards Commission. Also, having regard to the fact that future payments can be delayed by virtue of section 19(4) of the Act (see Part 8 below), it ensures that political parties have adequate time to furnish their Statement / Public Auditor's report before 30 April each year. (Guidelines for Political Parties on Exchequer funding under the Electoral Acts, 2009 )
Do political parties have to report on their finances in relation to election campaigns? Yes. Political parties/candidates (through their national/election agents) are also required to furnish Election Expenses Statements at Dáil and European elections ( (p. 15) (GRECO (2009) Evaluation Report on Ireland, Transparency of Party Funding (Theme II)))
Do candidates have to report on their campaign finances? Yes. Political parties/candidates (through their national/election agents) are also required to furnish Election Expenses Statements at Dáil and European elections ( (p. 15) (GRECO (2009) Evaluation Report on Ireland, Transparency of Party Funding (Theme II)))
Is information in reports from political parties and/​or candidates to be made public? Yes. 6.6 As outlined in paragraph 8.1, the appropriate officer of each political party is required to furnish an annual Donation Statement to the Standards Commission. Details of donations received during the preceding year which exceeded €1,500 in value must be disclosed. Donations from the same person in the same calendar year must be aggregated and disclosed if their aggregate value exceeds €1,500. This disclosure should be made irrespective of whether the donor has a requirement to furnish a Donation Statement under section 24(1A) of the Act (see paragraph 5.6). (Guidelines for political parties on donations and prohibited donations, 2015, Section 6.6)
Must reports from political parties and/​or candidates reveal the identity of donors? Yes. 6.1 As stated in paragraph 5.4, section 23A(3) of the Act requires a political party to aggregate donations received from the same person in the same calendar year for the purposes of ensuring that it does not accept a donation which is in excess of the maximum prescribed limit of €2,500. In order to comply with this requirement, the appropriate officer of each political party must ensure that there are procedures in place to identify and deal with donations to the party which might exceed the maximum prescribed limit. (Guidelines for political parties on donations and prohibited donations, 2015, Section 6.1)
Institutions receiving financial reports from political parties and/​or candidates
Institutions receiving financial reports from political parties and/​or candidates: Electoral Management Board No. Absent from legal framework
Institutions receiving financial reports from political parties and/​or candidates: Auditing agency Yes. The Statement of Expenditure of Exchequer funding must be audited by a public auditor (within the meaning of the Industrial and Provident Societies Acts 1896 to 1977). A copy of the auditor's report must be furnished to the Standards Commission with the statement (Guidelines for Political Parties on Exchequer funding under the Electoral Acts, 2009)
Institutions receiving financial reports from political parties and/​or candidates: Ministry No. Absent from legal framework
Institutions receiving financial reports from political parties and/​or candidates: Special institution No. Absent from legal framework
Institutions receiving financial reports from political parties and/​or candidates: Court No. Absent from legal framework
Institutions receiving financial reports from political parties and/​or candidates: Other Yes. Standard commission: Not later than 31 March each year, political parties are required by section 24(1)(b) of the Act to furnish a Donation Statement covering the previous calendar year to the Standards Commission (Ireland Political Parties Annual Donation Statements-2014 Report)

Political finance oversight

Is it specified that a particular institution(s) is responsible for examining financial reports and/​or investigating violations?
Institution responsible for examining financial reports and/or investigating violations: Court No. Absent from legal framework
Institution responsible for examining financial reports and/or investigating violations: Ministry No. Absent from legal framework
Institution responsible for examining financial reports and/or investigating violations: Auditing agency No. Absent from legal framework
Institution responsible for examining financial reports and/or investigating violations: Electoral Management Body No. Absent from legal framework
Institution responsible for examining financial reports and/or investigating violations: Institution for this purpose Yes. Standard commission: Not later than 31 March each year, political parties are required by section 24(1)(b) of the Act to furnish a Donation Statement covering the previous calendar year to the Standards Commission (Ireland Political Parties Annual Donation Statements-2014 Report)
Institution responsible for examining financial reports and/or investigating violations: Other No. Absent from legal framework
Other institutions with a formal role in political finance oversight
Institutions with a formal role in political finance oversight: Court No. Absent from legal framework
Institutions with a formal role in political finance oversight: Ministry No. Absent from legal framework
Institutions with a formal role in political finance oversight: Auditing agency No. Absent from legal framework
Institutions with a formal role in political finance oversight: EMB No. Absent from legal framework
Institutions with a formal role in political finance oversight: Institution for this purpose No. Absent from legal framework
Institutions with a formal role in political finance oversight: Other No. Absent from legal framework
Sanctions for political finance infractions
Sanctions for political finance infractions: Fines Yes. 1.9.1 It is an offence by the candidate to fail to furnish to the election agent relevant details of expenses incurred before the appointment of an election agent, in sufficient time to enable the agent to carry out his/her duties. 1.9.2 After an election agent has been appointed, it is an offence for a candidate to incur election expenses unless authorised to do so by his/her election agent or the national agent of his/her political party. 1.9.3 Knowingly accepting a prohibited donation, referred to in paragraph 1.5.8 above, may result in a fine of up to €1,269.74. 1.9.4 Failure to take the appropriate action in relation to a prohibited donation as specified in paragraph 1.5.1 (anonymous donations), or paragraph 1.5.2 (foreign donations), or paragraph 1.5.4 (donations in excess of the prescribed limit) may result in a fine of €1,269.74. 1.9.5 Failure to furnish to the Standards Commission a Donation Statement, Certificate of Monetary Donations or a statement from a financial institution, within the statutory deadline (22 April 2011) for unsuccessful candidates) may result in a fine of up to €1,269.74. In addition, there can be an on-going fine of up to €126.97 per day for each day, after a conviction, on which the above statutory documentation is still outstanding. (Guidelines for the general election , 2011, Section 1)
Sanctions for political finance infractions: Loss of public funding Yes. Sections 25, 43, and 61 of the Electoral Act 1997 provide for sanctions in the form of loss of funding. (Electoral Act No.​​ 25, 1997, Sections 25, 43, and 61 )
Sanctions for political finance infractions: Penal/Criminal Yes. Sections 25, 43, and 61 of the Electoral Act 1997 provide for penal sanctions. (Electoral Act No.​​ 25, 1997, Sections 25, 43, and 61 )
Sanctions for political finance infractions: Forfeiture No. Absent from legal framework
Sanctions for political finance infractions: Deregistration of party No. Absent from legal framework
Sanctions for political finance infractions: Loss of elected office No. Absent from legal framework
Sanctions for political finance infractions: Suspension of political party No. Absent from legal framework
Sanctions for political finance infractions: Loss of nomination of candidate No. Absent from legal framework
Sanctions for political finance infractions: Loss of political rights No. Absent from legal framework
Sanctions for political finance infractions: Other No. Absent from legal framework

Qualitative data for 2016


Legislation

Guidelines for political parties on donations and prohibited donations, 2015 (English)pdf
Guidelines for Members of the Houses of the Oireachtas and Representatives in the European Parliament, 2015 (English)pdf
Electoral Act 1992 consolidated 2015 (English)pdf
Guidelines for Political Parties on Exchequer funding under the Electoral Acts, 2009 (English)pdf
Local Elections Regulations, 1995missing file:
European Parliament Elections Act, 1997 pdf
Guidelines for the general election , 2011missing file:

Financial Disclosure

Financial disclosure is not expected from the Head of State, but the same regulations apply to Ministers, Members of Parliament and Civil Servants. The content of declarations is specified through the Second Schedule of Ethics in Public Office Act (1995, last amended 2012). Disclosures include real estate that is not for private use, income from outside employment above € 2,600 per year, and gifts valued above €650. Additionally, the ownership of company shares above € 13,000, government contracts or membership in a directing body of a company must be declared. While family members must be included in the declarations of Ministers and Civil Servants, this does not apply to MPs. All officials make their declarations annually and ad hoc only if they find themselves in a specific decision-making situation that requires it. 

Ministers, MPs and Civil Servants face sanctions in the case of late-filling, non-filling and making false declarations. The Ethics in Public Office Act (1995, last amended 2012) foresees both fines and criminal sanctions. All declarations are received by the Standards in Public Office Commission which is also responsible for investigating and ruling on alleged non-compliance. While Civil Servants’ declarations are not made public, the statements submitted by Ministers and MPs are made available online in the official government gazette.  


Quantitative Data

Primary Metric

201220152016Trend
Disclosure items434242
Filing frequency383838
Sanctions757575
Monitoring and Oversight383838
Public access to declarations505050

Alternative Metric

201220152016Trend
Head of State000
Ministers747272
Members of Parliament676767
Civil servants545454

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Head of State

Disclosure items

Spouses and children included in disclosure No. Absent from legal framework.
Income and Assets
Real estate No. Absent from legal framework.
Movable assets No. Absent from legal framework.
Cash No. Absent from legal framework.
Loans and Debts No. Absent from legal framework.
Income from outside employment/assets No. Absent from legal framework.
Incompatibilities
Gifts received as a public official No. Absent from legal framework.
Private firm ownership and/or stock holdings No. Absent from legal framework.
Ownership of state-owned enterprises (SOEs) No. Absent from legal framework.
Holding government contracts No. Absent from legal framework.
Board member, advisor, or company officer of private firm No. Absent from legal framework.
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework.
Participating in official decision-making processes that affect private interests No. Absent from legal framework.
Concurrent employment of family members in public sector No. Absent from legal framework.

Filing frequency

Filing required upon taking office No. Absent from legal framework.
Filing required upon leaving office No. Absent from legal framework.
Filing required annually No. Absent from legal framework.
Ad hoc filing required upon change in assets or conflicts of interest No. Absent from legal framework.

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) No. Absent from legal framework.
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) No. Absent from legal framework.
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) No. Absent from legal framework.

Monitoring and Oversight

Depository body explicitly identified No. Absent from legal framework.
Enforcement body explicitly identified No. Absent from legal framework.
Some agency assigned responsibility for verifying submission No. Absent from legal framework.
Some agency assigned responsibility for verifying accuracy No. Absent from legal framework.

Public access to declarations

Public availability No. Absent from legal framework.
Timing of information release specified No. Absent from legal framework.
Location(s) of access specified No. Absent from legal framework.
Cost of access specified No. Absent from legal framework.

Ministers

Disclosure items

Spouses and children included in disclosure Yes. Additional interests that must be disclosed concern anything related to the spouse or children which could materially influence the individual concerned in relation to the performance of their office (Section 13 (5), Ethics in Public Office Act (1995, last amended 2015))
Income and Assets
Real estate No. Any interest in land of the person concerned, including land in the State and land in any other jurisdiction, being an interest that exceeded in value €13,000 at any time during the appropriate period. This includes an interest in any contract for the purchase of land, whether or not a deposit or part payment has been made under the contract. It also includes an interest in any option held to purchase land, whether or not any consideration has been paid in respect thereof, or land in respect of which such an option has been exercised but which has not been conveyed. Note: It is not required to disclose information regarding his or her private home or that of a spouse and any subsidiary or ancillary land to such home that is not being used or developed primarily for commercial purposes. Also excluded is a holiday home and any other private home used by the person or his or her family and any land that is subsidiary or ancillary to it which is required for its amenity or convenience and is not being used or developed primarily for commercial purposes (Paragraph 1(4), Second Schedule of Ethics in Public Office Act (1995, last amended 2015))
Movable assets No. Absent from legal framework.
Cash No. Absent from legal framework.
Loans and Debts No. Absent from legal framework.
Income from outside employment/assets Yes. A remunerated trade, profession, employment, vocation or other occupation (other than that specified in paragraph 17) of the person concerned at any time during the appropriate period where the remuneration to the person, e.g. pay, pension, benefits-in-kind, rental income, etc., during the period exceeded €2,600. (Paragraph 1(1), Second Schedule of Ethics in Public Office Act (1995, last amended 2015))
Incompatibilities
Gifts received as a public official Yes. A gift, or gifts from the same person, given to the person concerned during the appropriate period where the value, or the aggregate value, exceeded €650. (Paragraph 1(5a), Second Schedule of Ethics in Public Office Act (1995, last amended 2015))
Private firm ownership and/or stock holdings Yes. A holding by the person concerned of shares, bonds, debentures, or other like investments in any particular company or other enterprise or undertaking, with an aggregate nominal or market value in excess of €13,000 at any time during the appropriate period. Holding does not include money in a current, deposit or other similar account with a financial institution but does include a holding in unit trusts or managed funds (Paragraph 1(2), Second Schedule of Ethics in Public Office Act (1995, last amended 2015))
Ownership of state-owned enterprises (SOEs) Yes. A holding by the person concerned of shares, bonds, debentures, or other like investments in any particular company or other enterprise or undertaking, with an aggregate nominal or market value in excess of €13,000 at any time during the appropriate period. Holding does not include money in a current, deposit or other similar account with a financial institution but does include a holding in unit trusts or managed funds (Paragraph 1(2), Second Schedule of Ethics in Public Office Act (1995, last amended 2015))
Holding government contracts Yes. Any contract, or contracts, for the supply of goods or services to a Minister of the Government or a public body during the appropriate period, to which the person concerned was a party or in which he or she was interested in any other way, directly or indirectly, if the aggregate value of the goods or services supplied to a Minister of the Government or a public body during the appropriate period exceeded €6,500 (Paragraph 1(8), Second Schedule of Ethics in Public Office Act (1995, last amended 2015))
Board member, advisor, or company officer of private firm Yes. A directorship or shadow directorship of any company held by the person concerned at any time during the appropriate period. (Paragraph 1(3), Second Schedule of Ethics in Public Office Act (1995, last amended 2015))
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework.
Participating in official decision-making processes that affect private interests Yes. Office holders (as defined in section 2 of the Ethics in Public Office Act, and including Ministers) who have a material interest in a matter to which their function relates, must (before, or after if not reasonably practical), furnish a statement in writing of those facts and the nature of the interest. In the case of the Ministersh this must be provided to both the Public Office Commission and the Taoiseach. (Section 14, Ethics in Public Office Act (1995, last amended 2015))
Concurrent employment of family members in public sector No. Absent from legal framework.

Filing frequency

Filing required upon taking office No. Absent from legal framework.
Filing required upon leaving office No. Absent from legal framework.
Filing required annually Yes. A person, including an office holder, who is a member of Dáil or Seanad Éireann on 31 December in any year is required to furnish a statement of registrable interests to the Standards Commission by the following 31 January. The statement should cover any period(s) when the person was a member of either House during the preceding year. (Section 13(1), Ethics in Public Office Act (1995, last amended 2015))
Ad hoc filing required upon change in assets or conflicts of interest Yes. Office holders (as defined in section 2 of the Ethics in Public Office Act, and including Ministers) who have a material interest in a matter to which their function relates, must (before, or after if not reasonably practical), furnish a statement in writing of those facts and the nature of the interest. In the case of the Ministersh this must be provided to both the Public Office Commission and the Taoiseach. (Section 14, Ethics in Public Office Act (1995, last amended 2015))

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) Yes. The Act makes general provision for complaints of non-compliance with any Article of the Act to be submitted to the Standards in Public Office Commission. The Commission then investigates the complaint (and has the power to compel witnesses to appear, have documents submitted before it etc). Although the Commission can simpy recommend remedial action, should anyone be found guilty of an offence under the Act, they are liable - - on summary conviction to a fine not exceeding Ł1000 or to imprisonment for a term not exceeding 6 months or to both, or - on conviction on indictment, to a fine not exceeding Ł20 000 or to imprisonment for a term not exceeding 3 years, or to both **note: the Standards in Public Office Act (2001) provides for a broader range of complaints to be brought before the commission, as well as outlined the investigative pricess in some detail, and so is included here for reference (Article 37, Ethics in Public Office Act (1995, last amended 2015))
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) Yes. The Act makes general provision for complaints of non-compliance with any Article of the Act to be submitted to the Standards in Public Office Commission. The Commission then investigates the complaint (and has the power to compel witnesses to appear, have documents submitted before it etc). Although the Commission can simpy recommend remedial action, should anyone be found guilty of an offence under the Act, they are liable - - on summary conviction to a fine not exceeding Ł1000 or to imprisonment for a term not exceeding 6 months or to both, or - on conviction on indictment, to a fine not exceeding Ł20 000 or to imprisonment for a term not exceeding 3 years, or to both **note: the Standards in Public Office Act (2001) provides for a broader range of complaints to be brought before the commission, as well as outlined the investigative pricess in some detail, and so is included here for reference (Article 37, Ethics in Public Office Act (1995, last amended 2015))
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) Yes. The Act makes general provision for complaints of non-compliance with any Article of the Act to be submitted to the Standards in Public Office Commission. The Commission then investigates the complaint (and has the power to compel witnesses to appear, have documents submitted before it etc). Although the Commission can simpy recommend remedial action, should anyone be found guilty of an offence under the Act, they are liable - - on summary conviction to a fine not exceeding Ł1000 or to imprisonment for a term not exceeding 6 months or to both, or - on conviction on indictment, to a fine not exceeding Ł20 000 or to imprisonment for a term not exceeding 3 years, or to both **note: the Standards in Public Office Act (2001) provides for a broader range of complaints to be brought before the commission, as well as outlined the investigative pricess in some detail, and so is included here for reference (Article 37, Ethics in Public Office Act (1995, last amended 2015))

Monitoring and Oversight

Depository body explicitly identified Yes. Statements are submitted to the Clerk, who then forwards a copy on to the Standards in Public Office Commission and to the office of the Taoiseach. (Article 6, Ethics in Public Office Act (1995, last amended 2015))
Enforcement body explicitly identified Yes. The Standards in Public Office Commission is responsible for investigating and ruling on alleged non-compliance (Article 21, Ethics in Public Office Act (1995, last amended 2015))
Some agency assigned responsibility for verifying submission No. Absent from legal framework.
Some agency assigned responsibility for verifying accuracy No. Investigated only when a complaint is lodged (Article 22, Ethics in Public Office Act (1995, last amended 2015))

Public access to declarations

Public availability Yes. Register of members interests is published in the State Gazette and is available online via the Standards in Public Office Commission website (Article 6, Ethics in Public Office Act (1995, last amended 2015))
Timing of information release specified Yes. The Register is published within 60 days of the registration date (usually 1 January) of every year (Article 6, Ethics in Public Office Act (1995, last amended 2015))
Location(s) of access specified Yes. 0
Cost of access specified Yes. Online, published in government gazette (only the latter appears as a stipulation in the legislation) (Article 6, Ethics in Public Office Act (1995, last amended 2015))

Members of Parliament

Disclosure items

Spouses and children included in disclosure No. Absent from legal framework.
Income and Assets
Real estate Yes. Any interest in land of the person concerned, including land in the State and land in any other jurisdiction, being an interest that exceeded in value €13,000 at any time during the appropriate period. This includes an interest in any contract for the purchase of land, whether or not a deposit or part payment has been made under the contract. It also includes an interest in any option held to purchase land, whether or not any consideration has been paid in respect thereof, or land in respect of which such an option has been exercised but which has not been conveyed. Note: It is not required to disclose information regarding his or her private home or that of a spouse and any subsidiary or ancillary land to such home that is not being used or developed primarily for commercial purposes. Also excluded is a holiday home and any other private home used by the person or his or her family and any land that is subsidiary or ancillary to it which is required for its amenity or convenience and is not being used or developed primarily for commercial purposes (Paragraph 1(4), Second Schedule of Ethics in Public Office Act (1995, last amended 2015))
Movable assets No. Absent from legal framework.
Cash No. Absent from legal framework.
Loans and Debts No. Absent from legal framework.
Income from outside employment/assets Yes. A remunerated trade, profession, employment, vocation or other occupation (other than that specified in paragraph 17) of the person concerned at any time during the appropriate period where the remuneration to the person, e.g. pay, pension, benefits-in-kind, rental income, etc., during the period exceeded €2,600. (Paragraph 1(1), Second Schedule of Ethics in Public Office Act (1995, last amended 2015))
Incompatibilities
Gifts received as a public official Yes. A gift, or gifts from the same person, given to the person concerned during the appropriate period where the value, or the aggregate value, exceeded €650. (Paragraph 1(5a), Second Schedule of Ethics in Public Office Act (1995, last amended 2015))
Private firm ownership and/or stock holdings Yes. A holding by the person concerned of shares, bonds, debentures, or other like investments in any particular company or other enterprise or undertaking, with an aggregate nominal or market value in excess of €13,000 at any time during the appropriate period. Holding does not include money in a current, deposit or other similar account with a financial institution but does include a holding in unit trusts or managed funds (Paragraph 1(2), Second Schedule of Ethics in Public Office Act (1995, last amended 2015))
Ownership of state-owned enterprises (SOEs) Yes. A holding by the person concerned of shares, bonds, debentures, or other like investments in any particular company or other enterprise or undertaking, with an aggregate nominal or market value in excess of €13,000 at any time during the appropriate period. Holding does not include money in a current, deposit or other similar account with a financial institution but does include a holding in unit trusts or managed funds (Paragraph 1(2), Second Schedule of Ethics in Public Office Act (1995, last amended 2015))
Holding government contracts Yes. Any contract, or contracts, for the supply of goods or services to a Minister of the Government or a public body during the appropriate period, to which the person concerned was a party or in which he or she was interested in any other way, directly or indirectly, if the aggregate value of the goods or services supplied to a Minister of the Government or a public body during the appropriate period exceeded €6,500 (Paragraph 1(8), Second Schedule of Ethics in Public Office Act (1995, last amended 2015))
Board member, advisor, or company officer of private firm Yes. A directorship or shadow directorship of any company held by the person concerned at any time during the appropriate period. (Paragraph 1(3), Second Schedule of Ethics in Public Office Act (1995, last amended 2015))
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework.
Participating in official decision-making processes that affect private interests Yes. Members of either House who propose to speak or vote in proceedings (incl committee meetings) and have a material interest in the subject matter of the proceedings must declare this fact before or during their speech (if speaking), or make the declaration in writing and provide it to the clerk beforehand (if voting). (Section 7, Ethics in Public Office Act (1995, last amended 2015))
Concurrent employment of family members in public sector No. Absent from legal framework.

Filing frequency

Filing required upon taking office No. Absent from legal framework.
Filing required upon leaving office No. Absent from legal framework.
Filing required annually Yes. A person, including an office holder, who is a member of Dáil or Seanad Éireann on 31 December in any year is required to furnish a statement of registrable interests to the Standards Commission by the following 31 January. The statement should cover any period(s) when the person was a member of either House during the preceding year. (Section 13(1), Ethics in Public Office Act (1995, last amended 2015))
Ad hoc filing required upon change in assets or conflicts of interest Yes. Where registrable interests change a statement of this may be furnished to the relevant Clerk Members of either House who propose to speak or vote in proceedings (incl committee meetings) and have a material interest in the subject matter of the proceedings must declare this fact before or during their speech (if speaking), or make the declaration in writing and provide it to the clerk beforehand (if voting). (Section 29, Ethics in Public Office Act (1995, last amended 2015) Section 7, Ethics in Public Office Act (1995, last amended 2015))

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) Yes. The Act makes general provision for complaints of non-compliance with any Article of the Act to be submitted to the Standards in Public Office Commission. The Commission then investigates the complaint (and has the power to compel witnesses to appear, have documents submitted before it etc). Although the Commission can simpy recommend remedial action, should anyone be found guilty of an offence under the Act, they are liable - - on summary conviction to a fine not exceeding Ł1000 or to imprisonment for a term not exceeding 6 months or to both, or - on conviction on indictment, to a fine not exceeding Ł20 000 or to imprisonment for a term not exceeding 3 years, or to both **note: the Standards in Public Office Act (2001) provides for a broader range of complaints to be brought before the commission, as well as outlined the investigative pricess in some detail, and so is included here for reference (Article 37, Ethics in Public Office Act (1995, last amended 2015))
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) Yes. The Act makes general provision for complaints of non-compliance with any Article of the Act to be submitted to the Standards in Public Office Commission. The Commission then investigates the complaint (and has the power to compel witnesses to appear, have documents submitted before it etc). Although the Commission can simpy recommend remedial action, should anyone be found guilty of an offence under the Act, they are liable - - on summary conviction to a fine not exceeding Ł1000 or to imprisonment for a term not exceeding 6 months or to both, or - on conviction on indictment, to a fine not exceeding Ł20 000 or to imprisonment for a term not exceeding 3 years, or to both **note: the Standards in Public Office Act (2001) provides for a broader range of complaints to be brought before the commission, as well as outlined the investigative pricess in some detail, and so is included here for reference (Article 37, Ethics in Public Office Act (1995, last amended 2015))
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) Yes. The Act makes general provision for complaints of non-compliance with any Article of the Act to be submitted to the Standards in Public Office Commission. The Commission then investigates the complaint (and has the power to compel witnesses to appear, have documents submitted before it etc). Although the Commission can simpy recommend remedial action, should anyone be found guilty of an offence under the Act, they are liable - - on summary conviction to a fine not exceeding Ł1000 or to imprisonment for a term not exceeding 6 months or to both, or - on conviction on indictment, to a fine not exceeding Ł20 000 or to imprisonment for a term not exceeding 3 years, or to both **note: the Standards in Public Office Act (2001) provides for a broader range of complaints to be brought before the commission, as well as outlined the investigative pricess in some detail, and so is included here for reference (Article 37, Ethics in Public Office Act (1995, last amended 2015))

Monitoring and Oversight

Depository body explicitly identified Yes. Statements are submitted to the Clerk and entered into the register of members interests. A copy is then forwarded to the Standards in Public Office Commission (Article 6, Ethics in Public Office Act (1995, last amended 2015))
Enforcement body explicitly identified Yes. The Standards in Public Office Commission is responsible for investigating and ruling on alleged non-compliance (Article 21, Ethics in Public Office Act (1995, last amended 2015))
Some agency assigned responsibility for verifying submission No. Absent from legal framework.
Some agency assigned responsibility for verifying accuracy No. Investigated only when a complaint is lodged (Article 22, Ethics in Public Office Act (1995, last amended 2015))

Public access to declarations

Public availability Yes. Register of members interests is published in the State Gazette and is available online via the Standards in Public Office Commission website (Article 6, Ethics in Public Office Act (1995, last amended 2015))
Timing of information release specified Yes. The Register is published within 60 days of the registration date (usually 1 January) of every year (Article 6, Ethics in Public Office Act (1995, last amended 2015))
Location(s) of access specified Yes. 0
Cost of access specified Yes. Online, published in government gazette (only the latter appears as a stipulation in the legislation) (Article 6, Ethics in Public Office Act (1995, last amended 2015))

Civil servants

Disclosure items

Spouses and children included in disclosure Yes. Additional interests that must be disclosed concern anything related to the spouse or children which could materially influence the individual concerned in relation to the performance of their office (Section 16 (1) 17(1), 18(1), Ethics in Public Office Act (1995, last amended 2015))
Income and Assets
Real estate Yes. Any interest in land of the person concerned, including land in the State and land in any other jurisdiction, being an interest that exceeded in value €13,000 at any time during the appropriate period. This includes an interest in any contract for the purchase of land, whether or not a deposit or part payment has been made under the contract. It also includes an interest in any option held to purchase land, whether or not any consideration has been paid in respect thereof, or land in respect of which such an option has been exercised but which has not been conveyed. Note: It is not required to disclose information regarding his or her private home or that of a spouse and any subsidiary or ancillary land to such home that is not being used or developed primarily for commercial purposes. Also excluded is a holiday home and any other private home used by the person or his or her family and any land that is subsidiary or ancillary to it which is required for its amenity or convenience and is not being used or developed primarily for commercial purposes (Paragraph 1(4), Second Schedule of Ethics in Public Office Act (1995, last amended 2015))
Movable assets No. Absent from legal framework.
Cash No. Absent from legal framework.
Loans and Debts No. Absent from legal framework.
Income from outside employment/assets Yes. A remunerated trade, profession, employment, vocation or other occupation (other than that specified in paragraph 17) of the person concerned at any time during the appropriate period where the remuneration to the person, e.g. pay, pension, benefits-in-kind, rental income, etc., during the period exceeded €2,600. (Paragraph 1(1), Second Schedule of Ethics in Public Office Act (1995, last amended 2015))
Incompatibilities
Gifts received as a public official Yes. A gift, or gifts from the same person, given to the person concerned during the appropriate period where the value, or the aggregate value, exceeded €650. (Paragraph 1(5a), Second Schedule of Ethics in Public Office Act (1995, last amended 2015))
Private firm ownership and/or stock holdings Yes. A holding by the person concerned of shares, bonds, debentures, or other like investments in any particular company or other enterprise or undertaking, with an aggregate nominal or market value in excess of €13,000 at any time during the appropriate period. Holding does not include money in a current, deposit or other similar account with a financial institution but does include a holding in unit trusts or managed funds (Paragraph 1(2), Second Schedule of Ethics in Public Office Act (1995, last amended 2015))
Ownership of state-owned enterprises (SOEs) Yes. A holding by the person concerned of shares, bonds, debentures, or other like investments in any particular company or other enterprise or undertaking, with an aggregate nominal or market value in excess of €13,000 at any time during the appropriate period. Holding does not include money in a current, deposit or other similar account with a financial institution but does include a holding in unit trusts or managed funds (Paragraph 1(2), Second Schedule of Ethics in Public Office Act (1995, last amended 2015))
Holding government contracts Yes. Any contract, or contracts, for the supply of goods or services to a Minister of the Government or a public body during the appropriate period, to which the person concerned was a party or in which he or she was interested in any other way, directly or indirectly, if the aggregate value of the goods or services supplied to a Minister of the Government or a public body during the appropriate period exceeded €6,500 (Paragraph 1(8), Second Schedule of Ethics in Public Office Act (1995, last amended 2015))
Board member, advisor, or company officer of private firm Yes. A directorship or shadow directorship of any company held by the person concerned at any time during the appropriate period. (Paragraph 1(3), Second Schedule of Ethics in Public Office Act (1995, last amended 2015))
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework.
Participating in official decision-making processes that affect private interests Yes. Where a function falls to be performed by the public official, and where they or a connected person has a material interest in the the matter to which the function relates, must: - prepare and furnish in writing a statement of those facts to the relevant authority - not perform that function unless there are compelling reasons to do so (and those complelling reasons to do so must be furnished to the relevant authority before or as soon as posisble after the function has been performed). (Section 7, Ethics in Public Office Act (1995, last amended 2015))
Concurrent employment of family members in public sector No. Absent from legal framework.

Filing frequency

Filing required upon taking office No. Absent from legal framework.
Filing required upon leaving office No. Absent from legal framework.
Filing required annually Yes. Designated public servants are required each year, during any part of which they occupy or occupied a designated position of employment in a public body, to prepare and furnish a statement in writing of their interests (Section 18(2a), Ethics in Public Office Act (1995, last amended 2015))
Ad hoc filing required upon change in assets or conflicts of interest Yes. Where a function falls to be performed by the public official, and where they or a connected person has a material interest in the the matter to which the function relates, must: - prepare and furnish in writing a statement of those facts to the relevant authority - not perform that function unless there are compelling reasons to do so (and those complelling reasons to do so must be furnished to the relevant authority before or as soon as posisble after the function has been performed). (Section 7, Ethics in Public Office Act (1995, last amended 2015))

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) Yes. The Act makes general provision for complaints of non-compliance with any Article of the Act to be submitted to the Standards in Public Office Commission. The Commission then investigates the complaint (and has the power to compel witnesses to appear, have documents submitted before it etc). Although the Commission can simpy recommend remedial action, should anyone be found guilty of an offence under the Act, they are liable - - on summary conviction to a fine not exceeding Ł1000 or to imprisonment for a term not exceeding 6 months or to both, or - on conviction on indictment, to a fine not exceeding Ł20 000 or to imprisonment for a term not exceeding 3 years, or to both **note: the Standards in Public Office Act (2001) provides for a broader range of complaints to be brought before the commission, as well as outlined the investigative pricess in some detail, and so is included here for reference (Article 37, Ethics in Public Office Act (1995, last amended 2015))
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) Yes. The Act makes general provision for complaints of non-compliance with any Article of the Act to be submitted to the Standards in Public Office Commission. The Commission then investigates the complaint (and has the power to compel witnesses to appear, have documents submitted before it etc). Although the Commission can simpy recommend remedial action, should anyone be found guilty of an offence under the Act, they are liable - - on summary conviction to a fine not exceeding Ł1000 or to imprisonment for a term not exceeding 6 months or to both, or - on conviction on indictment, to a fine not exceeding Ł20 000 or to imprisonment for a term not exceeding 3 years, or to both **note: the Standards in Public Office Act (2001) provides for a broader range of complaints to be brought before the commission, as well as outlined the investigative pricess in some detail, and so is included here for reference (Article 37, Ethics in Public Office Act (1995, last amended 2015))
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) Yes. The Act makes general provision for complaints of non-compliance with any Article of the Act to be submitted to the Standards in Public Office Commission. The Commission then investigates the complaint (and has the power to compel witnesses to appear, have documents submitted before it etc). Although the Commission can simpy recommend remedial action, should anyone be found guilty of an offence under the Act, they are liable - - on summary conviction to a fine not exceeding Ł1000 or to imprisonment for a term not exceeding 6 months or to both, or - on conviction on indictment, to a fine not exceeding Ł20 000 or to imprisonment for a term not exceeding 3 years, or to both **note: the Standards in Public Office Act (2001) provides for a broader range of complaints to be brought before the commission, as well as outlined the investigative pricess in some detail, and so is included here for reference (Article 37, Ethics in Public Office Act (1995, last amended 2015))

Monitoring and Oversight

Depository body explicitly identified Yes. For the Attorney General and desginated Directorships, statements are submitted directly to the Standards In Public Office Commission. For other desginated positions, the submission is to the "relevant authority" which is determined by the Minister (usually the superior of the individual concerned). (Articles 17(1), 18(2) & 19(2), Ethics in Public Office Act (1995, last amended 2015))
Enforcement body explicitly identified Yes. The Standards in Public Office Commission is responsible for investigating and ruling on alleged non-compliance (Article 21, Ethics in Public Office Act (1995, last amended 2015))
Some agency assigned responsibility for verifying submission No. Absent from legal framework.
Some agency assigned responsibility for verifying accuracy No. Investigated only when a complaint is lodged (Article 22, Ethics in Public Office Act (1995, last amended 2015))

Public access to declarations

Public availability No. Absent from legal framework.
Timing of information release specified No. Absent from legal framework.
Location(s) of access specified No. Absent from legal framework.
Cost of access specified No. Absent from legal framework.

Qualitative data for 2016


Legislation

Ethics in Public Office Act 1995, amended 2015 (English)pdf

Conflict of Interest

Irish regulations on conflicts of interests are made in separate laws for all public officials. The Constitution of Ireland (1937, last amended 2013) specifies that the Head of State shall not hold any outside employment or emolument. The respective laws for Ministers, Members of Parliament, and Civil Servants make a general obligation to avoid conflicts of interests. Beyond, Members of Parliament are only restricted from accepting gifts by the Code of Conduct for Members of Seanad Éireann (2002). Meanwhile, the Code of Conduct for Office Holders (2001) restricts Ministers from carrying out directorship or advisory positions in private companies. Similarly, the Civil Service Code of Standards and Behaviour (2001, last amended 2008) restricts Civil Servants from holding board memberships, and government contracts. Beyond this, they may not accept positions outside the Civil Service or in a consultative function for 12 months after retirement. 

No monitoring or enforcement body and sanctions are specified for the Head of State. The Ethics in Public Office Act (1995, last amended 2012) foresees fines or imprisonment of up to three years in the case of violations by Ministers, Members of Parliament, or Civil Servants. The Standards in Public Office Commission is responsible for the enforcement of sanctions amongst all three of these officials, and functions as monitoring body for Ministers and MPs. The respective departments and offices are responsible for monitoring amongst Civil Servants.


Quantitative Data

Primary Metric

201220152016Trend
Restrictions203838
Sanctions335050
Monitoring and Oversight257575

Alternative Metric

201220152016Trend
Head of State171717
Ministers426666
Members of Parliament466666
Civil servants06969

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Head of State

Restrictions

General restriction on conflict of interest No. Absent from legal framework.
Accepting gifts No. Absent from legal framework.
Private firm ownership and/or stock holdings Yes. The President shall not hold any other office or position of emolument. (Article 6 (3) The Constitution of Ireland (1937, last amended 2015) )
Ownership of state-owned enterprises (SOEs) Yes. The President shall not hold any other office or position of emolument. (Article 6 (3) The Constitution of Ireland (1937, last amended 2015) )
Holding government contracts Yes. The President shall not hold any other office or position of emolument. (Article 6 (3) The Constitution of Ireland (1937, last amended 2015) )
Board member, advisor, or company officer of private firm Yes. The President shall not hold any other office or position of emolument. (Article 6 (3) The Constitution of Ireland (1937, last amended 2015) )
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position Yes. The President shall not be a member of either House of the Oireachtas (Parliament). (Article 6 (1) The Constitution of Ireland (1937, last amended 2015) )
Participating in official decision-making processes that affect private interests No. Absent from legal framework.
Assisting family or friends in obtaining employment in public sector No. Absent from legal framework.

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.
Administrative sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.
Penal sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) No. Absent from legal framework.
Enforcement body specified (sanctions, hearings) No. Absent from legal framework.

Ministers

Restrictions

General restriction on conflict of interest Yes. Office holders should not engage in any activities that could reasonably be regarded as interfering or being incompatible with the full and proper discharge by them of the duties of their office. (Article 2.2.4 of Code of Conduct for Office Holders (2001))
Accepting gifts No. Absent from legal framework.
Private firm ownership and/or stock holdings Yes. Office holders should not hold company directorships carrying remuneration. Even if remuneration is not paid, it is regarded as undesirable for them to hold directorships. A resigning director may enter into an arrangement whereby a company would agree to his/her re-appointment as a director upon ceasing to be an office holder. (Article 2.2.4 of Code of Conduct for Office Holders (2001))
Ownership of state-owned enterprises (SOEs) No. Absent from legal framework.
Holding government contracts No. Absent from legal framework.
Board member, advisor, or company officer of private firm Yes. Office holders should not take any part in the decision-making or management of the affairs of a company or practice and should dispose of, or otherwise set aside for the time-being, any financial interests which might conflict, or be seen to conflict, with their position as an office holder. (Article 2.2.4 of Code of Conduct for Office Holders (2001))
Post-employment No. Office holders, in taking up appointments on leaving office, should be careful to avoid any real or apparent conflict of interest with the office they formerly occupied. Particular care should be taken in the first few months following departure from office. Office holders should give careful consideration to the type of occupation chosen having left office. Although it is in the public interest that former office holders are able to move into business or other areas of public life, it is equally important that there should be Nocause for any suspicion of impropriety when taking up a particular appointment. In this context, office holders should act in a way which ensures it could not be reasonably concluded that an office holder was influenced by the hope or expectation of future employment with the firm or organisation concerned or that an unfair advantage would be conferred in a new appointment by virtue of, for example, access to official information the office holder previously enjoyed. (Article 2.2.4 of Code of Conduct for Office Holders (2001))
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework.
Participating in official decision-making processes that affect private interests No. Absent from legal framework.
Assisting family or friends in obtaining employment in public sector No. Absent from legal framework.

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior Yes. The Act makes general provision for complaints of non-compliance with any Article of the Act to be submitted to the Standards in Public Office Commission. The Commission then investigates the complaint (and has the power to compel witnesses to appear, have documents submitted before it etc). Although the Commission can simpy recommend remedial action, should anyone be found guilty of an offence under the Act, they are liable - - on summary conviction to a fine not exceeding Ł1000 or to imprisonment for a term not exceeding 6 months or to both, or - on conviction on indictment, to a fine not exceeding Ł20 000 or to imprisonment for a term not exceeding 3 years, or to both **note: the Standards in Public Office Act (2001) provides for a broader range of complaints to be brought before the commission, as well as outlined the investigative pricess in some detail, and so is included here for reference (Article 37, Ethics in Public Office Act (1995, last amended 2015))
Administrative sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.
Penal sanctions are stipulated for violations of COI regulations restricting behavior Yes. The Act makes general provision for complaints of non-compliance with any Article of the Act to be submitted to the Standards in Public Office Commission. The Commission then investigates the complaint (and has the power to compel witnesses to appear, have documents submitted before it etc). Although the Commission can simpy recommend remedial action, should anyone be found guilty of an offence under the Act, they are liable - - on summary conviction to a fine not exceeding Ł1000 or to imprisonment for a term not exceeding 6 months or to both, or - on conviction on indictment, to a fine not exceeding Ł20 000 or to imprisonment for a term not exceeding 3 years, or to both **note: the Standards in Public Office Act (2001) provides for a broader range of complaints to be brought before the commission, as well as outlined the investigative pricess in some detail, and so is included here for reference (Article 37, Ethics in Public Office Act (1995, last amended 2015))

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) Yes. The Standards in Public Office Commission may provide guidance to public officials regarding adherence to codes of conduct. (Article 10, Standards in Public Office Act (2001))
Enforcement body specified (sanctions, hearings) Yes. The Standards in Public Office Commission is responsible for investigating and ruling on alleged non-compliance (Article 21, Ethics in Public Office Act (1995, last amended 2015))

Members of Parliament

Restrictions

General restriction on conflict of interest Yes. 4. (i) Members must base their conduct on a consideration of the public interest and are individually responsible for preventing conflicts of interest. (ii) Members must endeavour to arrange their private financial affairs to prevent such conflicts of interest arising and must take all reasonable steps to resolve any such conflict quickly and in a manner which is in the best interests of the public. (Article 4, Code of Conduct for Members of Dáil Eireann other than Office Holders (2002) Article 4, Code of Conduct for Members of Seanad Éireann (2002))
Accepting gifts Yes. 8. (i) Members must not accept a gift that may pose a conflict of interest or which might interfere with the honest and impartial exercise of their official duties. (ii) Members may accept incidental gifts and customary hospitality. (Article 8, Code of Conduct for Members of Dáil Eireann other than Office Holders (2002) Article 8, Code of Conduct for Members of Seanad Éireann (2002))
Private firm ownership and/or stock holdings No. Absent from legal framework.
Ownership of state-owned enterprises (SOEs) No. Absent from legal framework.
Holding government contracts No. Absent from legal framework.
Board member, advisor, or company officer of private firm No. Absent from legal framework.
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position Yes. If a member of either House of the Oireachtas be elected President, he shall be deemed to have vacated his seat in that House. furthermore, Noperson may be at the same time a member of both Houses of the Oireachtas, and, if any person who is already a member of either House becomes a member of the other House, he shall forthwith be deemed to have vacated his first seat. (Article 6 (2) and 15 (14) The Constitution of Ireland (1937, last amended 2015) )
Participating in official decision-making processes that affect private interests No. Absent from legal framework.
Assisting family or friends in obtaining employment in public sector No. Absent from legal framework.

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior Yes. The Act makes general provision for complaints of non-compliance with any Article of the Act to be submitted to the Standards in Public Office Commission. The Commission then investigates the complaint (and has the power to compel witnesses to appear, have documents submitted before it etc). Although the Commission can simpy recommend remedial action, should anyone be found guilty of an offence under the Act, they are liable - - on summary conviction to a fine not exceeding Ł1000 or to imprisonment for a term not exceeding 6 months or to both, or - on conviction on indictment, to a fine not exceeding Ł20 000 or to imprisonment for a term not exceeding 3 years, or to both **note: the Standards in Public Office Act (2001) provides for a broader range of complaints to be brought before the commission, as well as outlined the investigative pricess in some detail, and so is included here for reference (Article 37, Ethics in Public Office Act (1995, last amended 2015))
Administrative sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.
Penal sanctions are stipulated for violations of COI regulations restricting behavior Yes. The Act makes general provision for complaints of non-compliance with any Article of the Act to be submitted to the Standards in Public Office Commission. The Commission then investigates the complaint (and has the power to compel witnesses to appear, have documents submitted before it etc). Although the Commission can simpy recommend remedial action, should anyone be found guilty of an offence under the Act, they are liable - - on summary conviction to a fine not exceeding Ł1000 or to imprisonment for a term not exceeding 6 months or to both, or - on conviction on indictment, to a fine not exceeding Ł20 000 or to imprisonment for a term not exceeding 3 years, or to both **note: the Standards in Public Office Act (2001) provides for a broader range of complaints to be brought before the commission, as well as outlined the investigative pricess in some detail, and so is included here for reference (Article 37, Ethics in Public Office Act (1995, last amended 2015))

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) Yes. The Standards in Public Office Commission may provide guidance to public officials regarding adherence to codes of conduct. (Article 10, Standards in Public Office Act (2001))
Enforcement body specified (sanctions, hearings) Yes. The Standards in Public Office Commission is responsible for investigating and ruling on alleged non-compliance (Article 21, Ethics in Public Office Act (1995, last amended 2015))

Civil servants

Restrictions

General restriction on conflict of interest No. Absent from legal framework.
Accepting gifts Yes. Civil servants should not receive benefits of any kind from a third party which might reasonably be seen to compromise their personal judgement or integrity. (Article 16, Civil Service Code of Standards and Behaviour (2001, last amended 2008))
Private firm ownership and/or stock holdings No. Absent from legal framework.
Ownership of state-owned enterprises (SOEs) No. Absent from legal framework.
Holding government contracts Yes. A civil servant should not seek contracts with Government Departments or Offices for the supply of goods or services (other than for employment) either for his or her own benefit, or for any partnership or company with which he or she has an involvement in his or her private capacity or on behalf of other persons or organisations. (Article 19, Civil Service Code of Standards and Behaviour (2001, last amended 2008))
Board member, advisor, or company officer of private firm Yes. A civil servant should not accept a directorship (except as a nominee of a Minister) in any company holding a Government contract or in a company which may reasonably be expected to hold such a contract in future. (Article 19, Civil Service Code of Standards and Behaviour (2001, last amended 2008))
Post-employment Yes. Additionally, civil servants who hold positions which are “designated positions” for purposes of the Ethics Acts shall not, within twelve months of resigning or retiring from the service: • accept an offer of appointment from an employer outside the Civil Service or • accept an engagement in a particular consultancy project, where the nature and terms of such appointment or engagement could lead to a conflict of interest, without first obtaining approval from the appropriate authority as outlined at 20.4. (Article 20, Civil Service Code of Standards and Behaviour (2001, last amended 2008))
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework.
Participating in official decision-making processes that affect private interests No. Absent from legal framework.
Assisting family or friends in obtaining employment in public sector No. Absent from legal framework.

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior Yes. The Act makes general provision for complaints of non-compliance with any Article of the Act to be submitted to the Standards in Public Office Commission. The Commission then investigates the complaint (and has the power to compel witnesses to appear, have documents submitted before it etc). Although the Commission can simpy recommend remedial action, should anyone be found guilty of an offence under the Act, they are liable - - on summary conviction to a fine not exceeding Ł1000 or to imprisonment for a term not exceeding 6 months or to both, or - on conviction on indictment, to a fine not exceeding Ł20 000 or to imprisonment for a term not exceeding 3 years, or to both **note: the Standards in Public Office Act (2001) provides for a broader range of complaints to be brought before the commission, as well as outlined the investigative pricess in some detail, and so is included here for reference (Article 37, Ethics in Public Office Act (1995, last amended 2015))
Administrative sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.
Penal sanctions are stipulated for violations of COI regulations restricting behavior Yes. The Act makes general provision for complaints of non-compliance with any Article of the Act to be submitted to the Standards in Public Office Commission. The Commission then investigates the complaint (and has the power to compel witnesses to appear, have documents submitted before it etc). Although the Commission can simpy recommend remedial action, should anyone be found guilty of an offence under the Act, they are liable - - on summary conviction to a fine not exceeding Ł1000 or to imprisonment for a term not exceeding 6 months or to both, or - on conviction on indictment, to a fine not exceeding Ł20 000 or to imprisonment for a term not exceeding 3 years, or to both **note: the Standards in Public Office Act (2001) provides for a broader range of complaints to be brought before the commission, as well as outlined the investigative pricess in some detail, and so is included here for reference (Article 37, Ethics in Public Office Act (1995, last amended 2015))

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) Yes. In general, Departments and Offices should monitor the acceptance of outside appointments by civil servants and former civil servants. (Article 20, Civil Service Code of Standards and Behaviour (2001, last amended 2008))
Enforcement body specified (sanctions, hearings) Yes. The Standards in Public Office Commission is responsible for investigating and ruling on alleged non-compliance (Article 21, Ethics in Public Office Act (1995, last amended 2015))

Qualitative data for 2016


Legislation

Civil Service Code of Standards and Behaviour, 2001, amended 2008 (English)pdf
Code of Conduct for Members of Dáil Eireann other than Office Holders, 2002 (English)pdf
Code of Conduct for Members of Seanad Éireann, 2002missing file:
Code of Conduct for Office Holders, 2001 (English)pdf
Constitution, 1937, amended 2015 (English)pdf
Ethics in Public Office Act, 1995, amended 2012 (English)pdf
Standards in Public Office Act, 2001 (English)pdf

Freedom of Information

Access to information in Ireland is established by the Freedom of Information Act (2014). The definition of a FOI body is broad, although the Minister may exclude bodies from the general definition, and exclude classes of records within specified public bodies. Companies for which the majority of shares are held on behalf of Minister of the Government are specifically included. Only administrative records of courts are covered.

Specific exemptions to disclosure are outlined in the aforementioned FOI law, Official Secrets Act (1963), and the Data Protection Act (1988, amended 2003). There are public interest overrides to several exemptions but no broad override.

A request can be made to the head of the department in question, asking them to review a refusal to provide information as per the original request. An application can be made to the Information Commissioner to review a request for information. The Commissioner can affirm, vary or annul the original decision. The Commissioner's decisions are binding. Following a review by the Information Commissioner, an appeal can be made to the High Court against the decision.

The FOI Act provides the Information Commissioner with significant powers to allow him/her to carry out their function of reviewing the decisions of public bodies.  Both fines and criminal sanctions may be imposed by the Commissioner, but there is no public body with the mandate to oversee FOI implementation.


Quantitative Data

Primary Metric

201220152016Trend
Scope and Coverage100100100
Information access and release100100100
Exceptions and Overrides100100100
Sanctions for non-compliance06767
Monitoring and Oversight505050

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Scope and Coverage

Scope of disclosure

Existence of legal right to access Yes. 11. (1) Subject to this Act, every person has a right to and shall, on request therefor, be offered access to any record held by an FOI body and the right so conferred is referred to in this Act as the right of access. (Section 11 Freedom of Information Act 2014, amended 2015)
"Information" or "Documents" is defined Yes. “record” includes— (a) a book or other written or printed material in any form (including in any electronic device or in machine readable form), (b) a map, plan or drawing, (c) a disc, tape or other mechanical or electronic device in which data other than visual images are embodied so as to be capable, with or without the aid of some other mechanical or electronic equipment, of being reproduced from the disc, tape or other device, (d) a film, disc, tape or other mechanical or electronic device in which visual images are embodied so as to be capable, with or without the aid of some other mechanical or electronic equipment, of being reproduced from the film, disc, tape or other device, and (e) a copy or part of any thing which falls within paragraph (a), (b), (c) or (d), and a copy, in any form, of a record shall be deemed, for the purposes of this Act, to have been created at the same time as the record; (Section 2 Freedom of Information Act 2014, amended 2015)
Proactive disclosure is specified Yes. The FOIA and its associated Model Publication Scheme and Guidance require proactive publication of a wide range of information about a public body. (Section 8 Freedom of Information Act 2014, amended 2015 Freedom of Information Model Publication Scheme October 2015 Freedom of Information Model Publication Scheme Guidance October 2015)

Coverage of public and private sectors

Executive branch Yes. The definition of a public authority is broad, although the Minister may exclude bodies from the general definition, and exclude classes of records within specified public bodies. (Section 6(1) Freedom of Information Act 2014, amended 2015)
Legislative branch Yes. The definition of a public authority is broad, although the Minister may exclude bodies from the general definition, and exclude classes of records within specified public bodies. (Section 6(1) Freedom of Information Act 2014, amended 2015)
Judicial branch Yes. Only administrative records of courts are covered (Section 42(a)(ii)(II) Freedom of Information Act 2014, amended 2015)
Other public bodies Yes. The definition of a public authority is broad, although the Minister may exclude bodies from the general definition, and exclude classes of records within specified public bodies. (Section 6(1) Freedom of Information Act 2014, amended 2015)
Private sector Yes. The definition of a public authority is broad, although the Minister may exclude bodies from the general definition, and exclude classes of records within specified public bodies. Companies for which the majority of shares are held on behalf of Minister of the Government are specifically included. (Section 6(1) and 6(1)(d) Freedom of Information Act 2014, amended 2015)

Access to specific documents (subject to reactive and/or proactive disclosure)

Draft legal instruments Yes. There is no explicit requirement to publish draft legislation although it is increasingly happening in practice. Draft laws fall within the remit of the FOIA and thus are available via a FOI request. (Section 2 Freedom of Information Act 2014, amended 2015)
Enacted legal instruments Yes. After signing a law, the President must promulate it under the Constitution. Enacted legislation falls within the remit of the FOIA and thus laws available via a FOI request. (Article 13(3)(2) Constitution of Ireland, 1937 Section 2 Freedom of Information Act 2014, amended 2015)
Annual budgets Yes. Public bodies have to proactively publish financial statements, including annual accounts, and any regular update statements. The government's annual budget is published for annual budget laws. (Section 8(7) Freedom of Information Act 2014, amended 2015 Annex 1 Freedom of Information Model Publication Scheme Guidance Oct 2015 Annual Budget laws)
Annual chart of accounts (actual expenditures) Yes. Public bodies have to proactively publish financial statements, including annual accounts, and any regular update statements. (Section 8(7) Freedom of Information Act 2014, amended 2015 Annex 1 Freedom of Information Model Publication Scheme Guidance Oct 2015)
Annual reports of public entities and programs Yes. Public bodies have to proactively publish corporate plans and strategies and their annual report. (Section 8(7) Freedom of Information Act 2014, amended 2015 Annex 1 Freedom of Information Model Publication Scheme Guidance Oct 2015)

Information access and release

Procedural access

Universal access (agencies, citizens and non-citizens) Yes. Everyone has the right to access public information, subject to the provisions of the law. The law does not differentiate between natural or legal persons, but it can be inferred by the spirit of the law that both persons are able to fill the request, and this happens in practice. (Section 11(2) Freedom of Information Act 2014, amended 2015)
Type of request is specified (written, electronic, oral) Yes. A person who wishes to request information must make a request, in writing or in such other form as may be determined. They must explicitly state they are making an FOI application under the FOIA. (Section 12(1) Freedom of Information Act 2014, amended 2015)
Assistance to requesters must be provided by law (includes barriers due to language differences, illiteracy, complexity of requests, etc.) Yes. An FOI body must give reasonable assistance to a person requesting information in relation to the making of the FOI request for access to the record, and if the person has a disability. An application for information cannot be refused, unless the requester has been offered help to amend the request for re-submission such that it no longer gets rejected. (Section 11(2) and Section 15(4) Freedom of Information Act 2014, amended 2015)
Cost of access is specified (free, request fees, photocopying costs, other administrative costs) Yes. There are 5 hours free search and retrieval and €20 per hour thereafter plus appeals fees and copying costs. (Section 27(1) Freedom of Information Act 2014, amended 2015 Section 3 Freedom of Information Act (Fees) (No. 2) Regulation 2014)

Deadlines for release of information

20-day response deadline Yes. A response must be provided within 4 weeks. (Section 13(1) Freedom of Information Act 2014, amended 2015)
Agency granted right to extend response time Yes. The public body can extend the timeframe by a further 4 weeks for voluminous requests or requests for information about which there is already a lot of requests outstanding making it impossible to respond in the original timeframe. (Section 14(1) Freedom of Information Act 2014, amended 2015)
Maximum total response time of no more than 40 days Yes. The total period allowed is 8 weeks and the law stipulates that a week is 5 days (ie weekends are disregarded). (Section 2(1), Section 13(1) and Section 14(1) Freedom of Information Act 2014, amended 2015)

Exceptions and Overrides

Exemptions to disclosure

Existence of secrecy/states secrets law Yes. Official Secrets Act 1963 (Official Secrets Act 1963)
Existence of personal privacy/data law Yes. Data Protection Act 1988 as updated 2003 (Data Protection Act 1988, amended 2015)
Specific exemptions to disclosure Yes. Exemptions include information about meetings of government, the deliberations, functions and negotiations of FOI bodies, certain parliamentary and court information law enforcement, public safety, security, defence and international relations, official secrets, commercially sensitive information, personal information, information which prejudices the effectiveness of tests, examinations, investigations; matters relating to Northern Ireland; information given to the public body in confidence; information about research being or to be carried out by or on behalf of a public body. (Sections 28-40 Freedom of Information Act 2014, amended 2015 Section 2 and Section 8 Data Protection Act 1988, amended 2015 Section 5 Official Secrets Act 1963)
Public Interest test: Specified exemptions to disclosure may be overridden in cases where disclosure of information benefits the public interest.

Appeals

Appeals allowed within public entities Yes. A request can be made to the head of the department in question, asking them to review a refusal to provide information as per the original request. (Section 21(2) Freedom of Information Act 2014, amended 2015)
Independent, non-judicial appeals mechanism, e.g., information commissioner. Does not include Ombudsman unless appeals decisions are binding. Yes. An application can be made to the Information Commissioner to review a request for information. The Commissioner can affirm, vary or annul the original decision. The Commissioner's decisions are binding. (Section 22 Freedom of Information Act 2014, amended 2015)
Judicial appeals mechanism Yes. Following a review by the Information Commissioner, an appeal can be made to the High Court against the decision. (Section 24(1) Freedom of Information Act 2014, amended 2015)

Sanctions for non-compliance

Administrative sanctions are specified for violations of disclosure requirements No. A person who without lawful excuse and with intention to deceive destroys or materially alters a record shall be guilty of an offence and be liable on summary conviction to a class B fine (this is a fine not exceeding €4500). (Section 52 Freedom of Information Act 2014, amended 2015 Section 3 Fines Act 2010, amended 2014)
Fines are specified for violations of disclosure requirements Yes. A person who without lawful excuse and with intention to deceive destroys or materially alters a record shall be guilty of an offence and be liable on summary conviction to a class B fine (this is a fine not exceeding €4500). (Section 52 Freedom of Information Act 2014, amended 2015 Section 3 Fines Act 2010, amended 2014)
Criminal sanctions are specified for violations of disclosure requirements Yes. Anyone who hinders the Commissioner in the performance of his review or investigative functions is guilty of an offence and may have a fine imposed or be imprisoned for a term not more than 6 months. (Section 45(7) Freedom of Information Act 2014, amended 2015)

Monitoring and Oversight

Information officers must be appointed in public agencies Yes. The head of an agency is considered responsible for FOI obligations. But he or she may delegate in writing to a member of the staff of the FOI body concerned any of the functions of the head under this Act  (Section 20(1) Freedom of Information Act 2014, amended 2015)
Public body that is responsible for applying sanctions Yes. The FOI Act provides the Information Commissioner with significant powers to allow him/her to carry out their function of reviewing the decisions of public bodies. If s/he considers a decision to be inadequate, s/he may, require that a new one be issued. S/he may also require any person considered to have information relevant to a case or investigation to provide it and has powers to enter premises occupied by a public body to obtain records (documents). Anyone who hinders the Commissioner in the performance of his/her review or investigative functions is guilty of an offence and may have a fine imposed or be imprisoned for a term not more than 6 months. (Section 45 Freedom of Information Act 2014, amended 2015)
Public body that is responsible for public outreach (raising public awareness) No. Absent from legal framework. (General)
Nodal agency for RTI (implementation support/compliance within public sector). Does not include Ombudsman. Yes. Ministry for Public Expenditure and Reform (Section 2(1) Freedom of Information Act 2014, amended 2015)
Ombudsman involvement in implementation is specified by law No. Absent from legal framework. (General)
Reporting of data and/or implementation is required No. Absent from legal framework.

Qualitative data for 2016


Legislation

Freedom of Information Act 2014, amended 2015 (English)pdf
Constitution of Ireland, 1937 (English)pdf
Freedom of Information Model Publication Scheme Guidance Oct 2015 (English)pdf
Freedom of Information Act (Fees) (No. 2) Regulation 2014 (English)pdf
Official Secrets Act 1963 (English)pdf
Data Protection Act 1988, amended 2015 (English)pdf
Fines Act 2010, amended 2014 (English)pdf

Public Procurement

The Irish public procurement system is regulated by the European Communities (Award of Public Authorities' Contracts) Regulations 2006 - SI 329/2006 and European Communities (Award of Contracts by Utility Undertakings) 2007 – SI 50/2007, European Union (Award of Contracts relating to Defence and Security) Regulations – SI 62/2012, and there are also other guidelines to regulate thresholds etc. The public procurement body is the Office of Government Procurement which is located under the Department of Public Expenditure and Reform.

The lowest minimum thresholds for conducting a public procurement tender are:

EUR 25000 for goods

EUR 50000 for works

EUR 25000 for services

The minimum number of bidders is 5 for restricted procedures and 3 for negotiated procedures. The minimum submission period is 52 days for open procedures, 40 days for restricted procedures and 37 for negotiated procedures from dispatch date. The final beneficial owners do not have to be disclosed when placing a bid.

There is no case for preferential treatment. However, there are several options for bid exclusion: conviction for certain offences (corruption, fraud, money laundering, participation in criminal organization). Bids can be also excluded because of abnormally low bid prices. 

In the bid evaluation phase, there is no separate conflict of interest regulation on the composition of the evaluation committee. 

There is no indication of a payable fee in case of an arbitration procedure, and arbitration court decisions are not available publicly either.


Quantitative Data

Primary Metric

201220152016Trend
Scope7070
Information availability4040
Evaluation4242
Open competition2828
Institutional arrangements2929

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Scope

Threshold - lowest PP

What is the minimum contract value above which the public procurement law is applied? (Product type GOODS) EUR 25000. 0 (Department of Finance Circular 10/2014, art. 5.1)
What is the minimum contract value above which the public procurement law is applied? (Product type WORKS) EUR 50000. 0 (Department of Finance Circular 10/2014, art. 5.1)
What is the minimum contract value above which the public procurement law is applied? (Product type SERVICES) EUR 25000. 0 (Department of Finance Circular 10/2014, art. 5.1)

Threshold - by PP type

What are the minimum application thresholds for the procurement type? (Entity: PUBLIC SECTOR) EUR 5000. EU thresholds (Department of Finance Circular 10/2010)
What are the minimum application thresholds for the procurement type? (Entity: UTILITIES) EUR 134000. EU thresholds (Article 12: European Communities (Award of Contracts by Utility Undertakings) Regulations - SI No. 50 of 2007)
What are the minimum application thresholds for the procurement type? (Entity: DEFENCE) EUR 412000. EU thresholds (EU award of contracts relating to defence and security regulations - SI N62 of 2012, part 2, reg. 4)

Threshold - by product type

What are the minimum application thresholds for the procurement type? (Product type GOODS) EUR 134000. EU thresholds (Article 4: European Communities (Award of Public Authorities' Contracts) Regulations - SI 329/2006)
What are the minimum application thresholds for the procurement type? (Product type WORKS) EUR 5186000. EU thresholds (Article 4: European Communities (Award of Public Authorities' Contracts) Regulations - SI 329/2006)
What are the minimum application thresholds for the procurement type? (Product type SERVICES) EUR 134000. EU thresholds (Article 4: European Communities (Award of Public Authorities' Contracts) Regulations - SI 329/2006)

Information availability

Publishing and record keeping

Which are the documents which are published in full? Extensive requirements are laid out in Schedule 5. In summary: award procedure being used, contract type, nature of products supplied, deadlines involved, mediation procedures. Some requirements differ by procurement type (open, negotiated etc). 0 (Article 45 & Part A of Schedule 5: European Communities (Award of Public Authorities' Contracts) Regulations - SI 329/2006)
Are any of these documents published online at a central place? yes. etenders.gov.ie ( )
Is it mandatory to keep these records? Public notices of bidding opportunities, Bidding documents and addenda, Bid opening records, Bid evaluation reports, Formal appeals by bidders and outcomes, Final signed contract documents and addenda and amendments, Claims and dispute resolutions, Final payments, Disbursement data (as required by the country’s financial management system) yes. 0 (Article 51: European Communities (Award of Public Authorities' Contracts) Regulations - SI 329/2006)
Are contracts awarded within a framework agreement published? no. participants get informed of outcome and reasoning (Article 6(3) of European Communities (Public Authorities' Contracts) (Review Procedures) Regulations - SI No. 130 of 2010)

Sub-contracting

Is it mandatory to publish information on subcontractors in some cases? no. no, but the CA is entitled to request information (Article 25: European Communities (Award of Public Authorities' Contracts) Regulations - SI 329/2006 and Article 39: European Communities (Award of Contracts by Utility Undertakings) Regulations - SI No. 50 of 2007)
If yes, above what proportion of subcontracted value is it mandatory? Not applicable.

Evaluation

Preferential treatment

Is there a ban on mentioning specific companies or products in tender specification/call for tender? no. Not specified in the regulations
Are there restrictions on allowable grounds for tenderer exclusion? yes. Yes: those convicted of certain offences (corruption, fraud, money laundering, pr participation in a prescribed criminal organisation) (Article 53: European Communities (Award of Public Authorities' Contracts) Regulations - SI 329/2006)
Is there a preferential treatment for small-to-medium enterprises (SMEs)? no. No, although measures in place to faciliate participation by SME's
Is there a preferential treatment for local/national companies? (companies from other EU MS are considered foreign companies) no. No
Is there a specific set of rules for green/sustainable procurement? no. no ,but CA shall use it as a criteria (Article 66(3): European Communities (Award of Public Authorities' Contracts) Regulations - SI 329/2006)
Are some bids automatically excluded such as lowest/highest price; unusually low price, etc. yes. abnormally low tender: rejection only if proven against State aid rules (Article 69: European Communities (Award of Public Authorities' Contracts) Regulations - SI 329/2006)

Bid evaluation

Is scoring criteria published and explicit? Yes. 0 (Article 66(4: European Communities (Award of Public Authorities' Contracts) Regulations - SI 329/2006)
Can evaluation decision be made by a single person (as opposed to a committee)? Yes. 0
Are there regulations on evaluation committee composition to prevent conflict of interest? No. 0
If yes, what is banned? Not applicable. 0
Is some part of evaluation comitee mandatorily independent of contracting authority? no. no mention found
Are scoring results recorded and publicly available? yes. recorded, but not publically available (Article 51: European Communities (Award of Public Authorities' Contracts) Regulations - SI 329/2006 Article 6(4) of European Communities (Public Authorities' Contracts) (Review Procedures) Regulations 2010)
Under which conditions can the tender be cancelled? Not specified. 0

Open competition

CFT publication

Where should the call for tenders be published? (Procedure type: OPEN) non-specified: TED, national database and buyers' profile of CA. 0 (Article 39: European Communities (Award of Public Authorities' Contracts) Regulations - SI 329/2006)
Where should the call for tenders be published? (Procedure type: RESTRICTED) Not specified. 0
Where should the call for tenders be published? (Procedure type: NEGOTIATED) Not specified. 0

Minimum # of bidders

If there is a minimum number of bidders stipulated, under what conditions? RESTRICTED Not specified. 0
If there is a minimum number of bidders stipulated, under what conditions? NEGOTIATED Not specified.
If there is a minimum number of bidders stipulated, under what conditions? COMPETITIVE DIALOGUE Not specified.

Bidding period length

What are the minimum number of days for advertisement required? (Procedure type: OPEN) 52. 0 (Article 46: European Communities (Award of Public Authorities' Contracts) Regulations - SI 329/2006)
What are the minimum number of days for advertisement required? (Procedure type: RESTRICTED) 40. 0 (Article 46: European Communities (Award of Public Authorities' Contracts) Regulations - SI 329/2006)
What are the minimum number of days for advertisement required? (Procedure type: NEGOTIATED) 37. 0 (Article 46(3)(a): European Communities (Award of Public Authorities' Contracts) Regulations - SI 329/2006)

Institutional arrangements

Institutions and regulations

What are the main EXCEPTIONS preventing the application of the public procurement law for tenders/organisations? Public contract for acquiring land/buildings br. Acquiring broadcasting material, arbritration services, financial services related to sale of securities, services provided by the Cebntral Bank for Finanical Services Authority, emplyment contracts and contracts for R&D purposes. 0 (Article 13: European Communities (Award of Public Authorities' Contracts) Regulations - SI 329/2006)
What are the main types of institutions which have to apply the public procurement law? Law references “contracting authority”, defined as" "the State, a local authority or a public authority, or an association comprising one or more local authorities or public authorities, or local authorities and public authorities". 0 (Article 3(1): European Communities (Award of Public Authorities' Contracts) Regulations - SI 329/2006)
What are the main procedure types or procurement methods permitted by law? Open, restricted, negotiated, competitve dialogue. 0 (Articles 28, 29: European Communities (Award of Public Authorities' Contracts) Regulations - SI 329/2006)
Is there a procurement arbitration court dedicated to public procurement cases? no. ordinary Courts (Article 8 of European Communities (Public Authorities' Contracts) (Review Procedures) Regulations - SI No. 130 of 2010)
Is there a procurement regulatory body dedicated to public procurement? yes. Office of Government Procurement, in Department of Public Expenditure and Reform (www.procurement.ie)
Is the procurement regulatory body independent? no.
Is the procurement advisors' profession legally defined (i.e. degree to be obtained, official list of members of the professional association) and its role in the tendering procedure described (e.g. right to draft tender documentations, conduct market research identifying bidders)? no. 0
Is disclosure of final, beneficial owners required for placing a bid? no. but the CA is entitled to publish info on subcontracting (Part A.1(9): European Communities (Award of Public Authorities' Contracts) Regulations - SI 329/2006)

Complaints

Is there a fee for arbitration procedure? Not specified. 0
If yes, how much Not applicable. 0
Is there a ban on contract signature until arbitration court decision (first instance court)? yes. 0 (Article 2 of European Communities (Public Authorities' Contracts) (Review Procedures) Regulations - SI No. 130 of 2010)
What is the maximum number of days until arbitration court decision from filing a complaint? Not specified. 0
Are arbitration court decisions required to be publicly released? no. 0

Qualitative data for 2016


Legislation

Department of Finance Circular 10/2014missing file:
Department of Finance Circular 10/2010 REMOVE FROM WEBSITE - OUTDATEDmissing file:
European Communities (Award of Contracts by Utility Undertakings) Regulations - SI No. 50 of 2007missing file:
European Communities (Award of Public Authorities' Contracts) Regulations - SI 329/2006missing file:
EU award of contracts relating to defence and security regulations - SI N62 of 2012missing file:
European Communities (Public Authorities' Contracts) (Review Procedures) Regulations - SI No. 130 of 2010missing file: