Ireland

Country score (European Average*)

74(66) Political Financing
48(53) Financial Disclosure
26(37) Conflict of Interest
83(59) Freedom of Information
61(62) Public Procurement

Country Facts

Income	High
GNI per capita (2011 PPP $)	49500.17
Population, total	4773095.00
Urban population (% of total)	63.54
Internet users (per 100 people)	82.17
Life expectancy at birth (years)	81.50
Mean years of schooling (years)	12.3
Global Competitiveness Index	5.2

Sources: World Bank, UNDP, WEF.

Political Financing

The Electoral Act (1992, amended 2014) 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
Qualitative Data
Laws

Quantitative Data

Primary Metric	2012	2015	2016	2017	2020
Bans and limits on private income	36	36	36	36	36
Public funding	100	100	100	100	100
Regulations on spending	75	75	75	75	75
Reporting, oversight and sanctions	75	83	83	83	83

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

Qualitative Data

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. 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. (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: 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 (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 amended 2016)
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 amended 2016)
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.” (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 amended 2014))
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 amended 2016)
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 amended 2016, 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. Failure to comply may result in a fine of €2,500. 1.9.3 Failure to take the appropriate action in relation to a prohibited donation as specified in paragraph 1.5.1 (anonymous donations), paragraph 1.5.2 (cash donations), paragraph 1.5.4 (non-registered corporate donor), paragraph 1.5.6 (foreign donations) or paragraph 1.5.8 (donations in excess of the prescribed limit) may result in a fine of €2,500 [Section 25(1)(a & b) & 25(2)(a) & Section 6 of Fines Act 2010]. 1.9.4 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 2016, for unsuccessful candidates) may result in a fine of up to €2,500. In addition, there can be an on-going fine of up to €500 per day for each day, after a conviction, on which the above statutory documentation is still outstanding [Section 25(1)(c); Section 25(2)(c) & Sections 6 and 8 of Fines Act 2010]. 1.9.5 Knowingly furnishing to the Standards Commission a Donation Statement or Statutory Declaration, Certificate of Monetary Donations, or a statement of a financial institution, which is false or misleading may result in a fine of up to €25,394.76 and/or up to 3 years imprisonment [Section 25(1)(d) and Section 25(2)(b)]. The section 2.12 further reports offences and penalties applicable to election agents at the election. (Guidelines for the general election, 2016, 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 amended 2014, Sections 25, 43, and 61 )
Sanctions for political finance infractions: Penal/Criminal	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. 1.9.4 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 2016, for unsuccessful candidates) may result in a fine of up to €2,500. In addition, there can be an on-going fine of up to €500 per day for each day, after a conviction, on which the above statutory documentation is still outstanding [Section 25(1)(c); Section 25(2)(c) & Sections 6 and 8 of Fines Act 2010]. 1.9.5 Knowingly furnishing to the Standards Commission a Donation Statement or Statutory Declaration, Certificate of Monetary Donations, or a statement of a financial institution, which is false or misleading may result in a fine of up to €25,394.76 and/or up to 3 years imprisonment [Section 25(1)(d) and Section 25(2)(b)]. Section 2.12 further reports offences and penalties applicable to election agents in the elections. The section 2.12 further reports offences and penalties applicable to election agents at the election. (Guidelines for the general election, 2016, Section 1)
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

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, amended 2016 (English)	pdf
Guidelines for Political Parties on Exchequer funding under the Electoral Acts, 2009 (English)	pdf
Local Elections Regulations, 1995 (English)	pdf
Guidelines for the general election , 2016 (English)	pdf

*Last update: 2017

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 2015). 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 2015) 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
Qualitative Data
Laws

Quantitative Data

Primary Metric	2012	2015	2016	2017	2020	Trend
Disclosure items	43	42	42	42	42
Filing frequency	38	38	38	38	38
Sanctions	75	75	75	75	75
Monitoring and Oversight	38	38	38	38	38
Public access to declarations	50	50	50	50	50
Alternative Metric	2012	2015	2016	2017	2020	Trend
Head of State	0	0	0	0	0
Ministers	74	72	72	72	72
Members of Parliament	67	67	67	67	67
Civil servants	54	54	54	54	54

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

Qualitative Data

Head of State
Disclosure items
Spouses and children included in disclosure	No. Absent from legal framework. (General)
Income and Assets
Real estate	No. Absent from legal framework. (General)
Movable assets	No. Absent from legal framework. (General)
Cash	No. Absent from legal framework. (General)
Loans and Debts	No. Absent from legal framework. (General)
Income from outside employment/assets	No. Absent from legal framework. (General)
Incompatibilities
Gifts received as a public official	No. Absent from legal framework. (General)
Private firm ownership and/or stock holdings	No. Absent from legal framework. (General)
Ownership of state-owned enterprises (SOEs)	No. Absent from legal framework. (General)
Holding government contracts	No. Absent from legal framework. (General)
Board member, advisor, or company officer of private firm	No. Absent from legal framework. (General)
Post-employment	No. Absent from legal framework. (General)
Simultaneously holding policy-making position and policy-executing position	No. Absent from legal framework. (General)
Participating in official decision-making processes that affect private interests	No. Absent from legal framework. (General)
Concurrent employment of family members in public sector	No. Absent from legal framework. (General)
Filing frequency
Filing required upon taking office	No. Absent from legal framework. (General)
Filing required upon leaving office	No. Absent from legal framework. (General)
Filing required annually	No. Absent from legal framework. (General)
Ad hoc filing required upon change in assets or conflicts of interest	No. Absent from legal framework. (General)
Sanctions
Sanctions stipulated for late filing (fines, administrative, and/or criminal)	No. Absent from legal framework. (General)
Sanctions stipulated for non-filing (fines, administrative, and/or criminal)	No. Absent from legal framework. (General)
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal)	No. Absent from legal framework. (General)
Monitoring and Oversight
Depository body explicitly identified	No. Absent from legal framework. (General)
Enforcement body explicitly identified	No. Absent from legal framework. (General)
Some agency assigned responsibility for verifying submission	No. Absent from legal framework. (General)
Some agency assigned responsibility for verifying accuracy	No. Absent from legal framework. (General)
Public access to declarations
Public availability	No. Absent from legal framework. (General)
Timing of information release specified	No. Absent from legal framework. (General)
Location(s) of access specified	No. Absent from legal framework. (General)
Cost of access specified	No. Absent from legal framework. (General)
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 (5A), Ethics in Public Office Act (1995, last amended in 2018))
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 in 2018))
Movable assets	No. Absent from legal framework. (General)
Cash	No. Absent from legal framework. (General)
Loans and Debts	No. Absent from legal framework. (General)
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 in 2018))
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 in 2018))
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 in 2018))
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 in 2018))
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 in 2018))
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 in 2018))
Post-employment	No. Absent from legal framework. (General)
Simultaneously holding policy-making position and policy-executing position	No. Absent from legal framework. (General)
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 in 2018))
Concurrent employment of family members in public sector	No. Absent from legal framework. (General)
Filing frequency
Filing required upon taking office	No. Absent from legal framework. (General)
Filing required upon leaving office	No. Absent from legal framework. (General)
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(4), Ethics in Public Office Act (1995, last amended in 2018))
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 Ministers, this must be provided to both the Public Office Commission and the Taoiseach. (Section 14, Ethics in Public Office Act (1995, last amended in 2018))
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 in 2018))
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 in 2018))
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 in 2018))
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 in 2018))
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 in 2018))
Some agency assigned responsibility for verifying submission	No. Absent from legal framework. (General)
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 in 2018))
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 in 2018))
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 in 2018))
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 in 2018))
Members of Parliament
Disclosure items
Spouses and children included in disclosure	No. Absent from legal framework. (General)
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 in 2018))
Movable assets	No. Absent from legal framework. (General)
Cash	No. Absent from legal framework. (General)
Loans and Debts	No. Absent from legal framework. (General)
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 in 2018))
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 in 2018))
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 in 2018))
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 in 2018))
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 in 2018))
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 in 2018))
Post-employment	No. Absent from legal framework. (General)
Simultaneously holding policy-making position and policy-executing position	No. Absent from legal framework. (General)
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 in 2018))
Concurrent employment of family members in public sector	No. Absent from legal framework. (General)
Filing frequency
Filing required upon taking office	No. Absent from legal framework. (General)
Filing required upon leaving office	No. Absent from legal framework. (General)
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 in 2018))
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 in 2018) Section 7, Ethics in Public Office Act (1995, last amended in 2018))
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 in 2018))
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 in 2018))
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 in 2018))
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 in 2018))
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 in 2018))
Some agency assigned responsibility for verifying submission	No. Absent from legal framework. (General)
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 in 2018))
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 in 2018))
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 in 2018))
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 in 2018))
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 in 2018))
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 in 2018))
Movable assets	No. Absent from legal framework. (General)
Cash	No. Absent from legal framework. (General)
Loans and Debts	No. Absent from legal framework. (General)
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 in 2018))
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 in 2018))
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 in 2018))
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 in 2018))
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 in 2018))
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 in 2018))
Post-employment	No. Absent from legal framework. (General)
Simultaneously holding policy-making position and policy-executing position	No. Absent from legal framework. (General)
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 in 2018))
Concurrent employment of family members in public sector	No. Absent from legal framework. (General)
Filing frequency
Filing required upon taking office	No. Absent from legal framework. (General)
Filing required upon leaving office	No. Absent from legal framework. (General)
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 in 2018))
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 in 2018))
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 in 2018))
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 in 2018))
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 in 2018))
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 in 2018))
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 in 2018))
Some agency assigned responsibility for verifying submission	No. Absent from legal framework. (General)
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 in 2018))
Public access to declarations
Public availability	No. Absent from legal framework. (General)
Timing of information release specified	No. Absent from legal framework. (General)
Location(s) of access specified	No. Absent from legal framework. (General)
Cost of access specified	No. Absent from legal framework. (General)

Legislation

Ethics in Public Office Act of 1995_ENG (English)

*Last update: 2017

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 2015) specifies that the Head of State shall not hold any outside employment or emolument. The respective laws for Ministers and Members of Parliament make a general obligation to avoid conflicts of interests. Members of Parliament are restricted from accepting gifts by the Code of Conduct for Members of Seanad Éireann (2002). Moreover, the Constitution impedes them to simultaneously hold a position in both the House of the Oireachtas. 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 2016) 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
Qualitative Data
Laws

Quantitative Data

Primary Metric	2012	2015	2016	2017	2020	Trend
Restrictions	20	38	38	38	20
Sanctions	33	50	50	50	33
Monitoring and Oversight	25	75	75	75	25
Alternative Metric	2012	2015	2016	2017	2020	Trend
Head of State	17	17	17	17	17
Ministers	42	66	66	66	42
Members of Parliament	46	66	66	66	46
Civil servants	0	69	69	69	0

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

Qualitative Data

Head of State
Restrictions
General restriction on conflict of interest	No. Absent from legal framework. (General)
Accepting gifts	No. Absent from legal framework. (General)
Private firm ownership and/or stock holdings	Yes. The President shall not hold any other office or position of emolument. (Article 12.6 (3) The Constitution of Ireland (1937, last amended 2012) )
Ownership of state-owned enterprises (SOEs)	Yes. The President shall not hold any other office or position of emolument. (Article 12.6 (3) The Constitution of Ireland (1937, last amended 2012) )
Holding government contracts	Yes. The President shall not hold any other office or position of emolument. (Article 12.6 (3) The Constitution of Ireland (1937, last amended 2012) )
Board member, advisor, or company officer of private firm	Yes. The President shall not hold any other office or position of emolument. (Article 12.6 (3) The Constitution of Ireland (1937, last amended 2012) )
Post-employment	No. Absent from legal framework. (General)
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 12.6 (1) The Constitution of Ireland (1937, last amended 2012) )
Participating in official decision-making processes that affect private interests	No. Absent from legal framework. (General)
Assisting family or friends in obtaining employment in public sector	No. Absent from legal framework. (General)
Sanctions
Fines are stipulated for violations of COI regulations restricting behavior	No. Absent from legal framework. (General)
Administrative sanctions are stipulated for violations of COI regulations restricting behavior	No. Absent from legal framework. (General)
Penal sanctions are stipulated for violations of COI regulations restricting behavior	No. Absent from legal framework. (General)
Monitoring and Oversight
Monitoring body specified (guidance, training, data tracking)	No. Absent from legal framework. (General)
Enforcement body specified (sanctions, hearings)	No. Absent from legal framework. (General)
Ministers
Restrictions
General restriction on conflict of interest	No. Absent from legal framework. (General)
Accepting gifts	Yes. Subject to the provisions of this section, where a gift the value of which exceeds £500 is given to an office holder by virtue of his or her office— (a) the property the subject of the gift shall be deemed to be a gift given to the State and shall vest in the Minister, (b) the office holder shall, as soon as may be, inform the Secretary to the Government of the gift and shall retain custody of the property on behalf of the State until arrangements are made in relation thereto under paragraph (c) and the office holder shall dispose of the property in accordance with those arrangements when so directed by the Secretary to the Government, and (c) the Secretary to the Government shall arrange, in accordance with the general directions of the Government, for— (i) custody of the property by or on behalf of the State (including the giving of it on loan to a person), or (ii) its disposal, whether by sale or gift, and shall dispose, in accordance with those general directions, of any proceeds of such a loan or sale (including by their payment into the Exchequer or disposal for charitable purposes). (Article 15 of the Ethics in Public Office Act (1995))
Private firm ownership and/or stock holdings	No. Absent from legal framework. (General)
Ownership of state-owned enterprises (SOEs)	No. Absent from legal framework. (General)
Holding government contracts	No. Absent from legal framework. (General)
Board member, advisor, or company officer of private firm	No. Absent from legal framework. (General)
Post-employment	No. Absent from legal framework. (General)
Simultaneously holding policy-making position and policy-executing position	No. Absent from legal framework. (General)
Participating in official decision-making processes that affect private interests	No. Absent from legal framework. (General)
Assisting family or friends in obtaining employment in public sector	No. Absent from legal framework. (General)
Sanctions
Fines are stipulated for violations of COI regulations restricting behavior	Yes. A person guilty of an offence under this Act shall be liable— (a) on summary conviction, to a fine not exceeding £1,000 or to imprisonment for a term not exceeding 6 months or to both, or (b) on conviction on indictment, to a fine not exceeding £20,000 or to imprisonment for a term not exceeding 3 years or to both. (Article 37 of the Ethics in Public Office Act (1995))
Administrative sanctions are stipulated for violations of COI regulations restricting behavior	Yes. A person guilty of an offence under this Act shall be liable— (a) on summary conviction, to a fine not exceeding £1,000 or to imprisonment for a term not exceeding 6 months or to both, or (b) on conviction on indictment, to a fine not exceeding £20,000 or to imprisonment for a term not exceeding 3 years or to both. (Article 37 of the Ethics in Public Office Act (1995))
Penal sanctions are stipulated for violations of COI regulations restricting behavior	No. Absent from legal framework. (General)
Monitoring and Oversight
Monitoring body specified (guidance, training, data tracking)	No. Absent from legal framework. (General)
Enforcement body specified (sanctions, hearings)	Yes. Public Offices Commission (Article 22 of the Ethics in Public Office Act (1995))
Members of Parliament
Restrictions
General restriction on conflict of interest	No. Absent from legal framework. (General)
Accepting gifts	Yes. 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. Subject to the provisions of this section, where a gift the value of which exceeds £500 is given to an office holder by virtue of his or her office—(a) the property the subject of the gift shall be deemed to be a gift given to the State and shall vest in the Minister, (b) the office holder shall, as soon as may be, inform the Secretary to the Government of the gift and shall retain custody of the property on behalf of the State until arrangements are made in relation thereto under paragraph (c) and the office holder shall dispose of the property in accordance with those arrangements when so directed by the Secretary to the Government, and (c) the Secretary to the Government shall arrange, in accordance with the general directions of the Government, or— (i) custody of the property by or on behalf of the State (including the giving of it on loan to a person), or (ii) its disposal, whether by sale or gift, and shall dispose, in accordance with those general directions, of any proceeds of such a loan or sale (including by their payment into the Exchequer or disposal for charitable purposes). (Article 8 of the Code of Conduct for Members of Dáil Éireann other than Office Holders (2002) Article 15 of the Ethics in Public Office Act (1995))
Private firm ownership and/or stock holdings	No. Absent from legal framework. (General)
Ownership of state-owned enterprises (SOEs)	No. Absent from legal framework. (General)
Holding government contracts	No. Absent from legal framework. (General)
Board member, advisor, or company officer of private firm	No. Absent from legal framework. (General)
Post-employment	No. Absent from legal framework. (General)
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 12.6 (2) and 15 (14) of the Constitution of Ireland (1937, last amended 2012) )
Participating in official decision-making processes that affect private interests	No. Absent from legal framework. (General)
Assisting family or friends in obtaining employment in public sector	No. Absent from legal framework. (General)
Sanctions
Fines are stipulated for violations of COI regulations restricting behavior	Yes. A person guilty of an offence under this Act shall be liable— (a) on summary conviction, to a fine not exceeding £1,000 or to imprisonment for a term not exceeding 6 months or to both, or (b) on conviction on indictment, to a fine not exceeding £20,000 or to imprisonment for a term not exceeding 3 years or to both. (Article 37 of the Ethics in Public Office Act (1995))
Administrative sanctions are stipulated for violations of COI regulations restricting behavior	Yes. A person guilty of an offence under this Act shall be liable— (a) on summary conviction, to a fine not exceeding £1,000 or to imprisonment for a term not exceeding 6 months or to both, or (b) on conviction on indictment, to a fine not exceeding £20,000 or to imprisonment for a term not exceeding 3 years or to both. (Article 37 of the Ethics in Public Office Act (1995))
Penal sanctions are stipulated for violations of COI regulations restricting behavior	No. Absent from legal framework. (General)
Monitoring and Oversight
Monitoring body specified (guidance, training, data tracking)	No. Absent from legal framework. (General)
Enforcement body specified (sanctions, hearings)	Yes. Public Offices Commission (Article 22 of the Ethics in Public Office Act (1995))
Civil servants
Restrictions
General restriction on conflict of interest	No. Absent from legal framework. (General)
Accepting gifts	No. Absent from legal framework. (General)
Private firm ownership and/or stock holdings	No. Absent from legal framework. (General)
Ownership of state-owned enterprises (SOEs)	No. Absent from legal framework. (General)
Holding government contracts	No. Absent from legal framework. (General)
Board member, advisor, or company officer of private firm	No. Absent from legal framework. (General)
Post-employment	No. Absent from legal framework. (General)
Simultaneously holding policy-making position and policy-executing position	No. Absent from legal framework. (General)
Participating in official decision-making processes that affect private interests	No. Absent from legal framework. (General)
Assisting family or friends in obtaining employment in public sector	No. Absent from legal framework. (General)
Sanctions
Fines are stipulated for violations of COI regulations restricting behavior	No. Absent from legal framework. (General)
Administrative sanctions are stipulated for violations of COI regulations restricting behavior	No. Absent from legal framework. (General)
Penal sanctions are stipulated for violations of COI regulations restricting behavior	No. Absent from legal framework. (General)
Monitoring and Oversight
Monitoring body specified (guidance, training, data tracking)	No. Absent from legal framework. (General)
Enforcement body specified (sanctions, hearings)	No. Absent from legal framework. (General)

Legislation

Constitution of the Republic of Ireland of 1937 (English)	pdf
Ethics in Public Office Act No. 22 of 1995 (English)	pdf
Code of Conduct for Office Holders of 2003 (English)	pdf
Code of Conduct for Members of Dáil Éireann of 2002 (English)	pdf
Code of Conduct for Members of Seanad Éireann of 2002 (English)	pdf
Civil Service Code of Standards and Behaviour (English)	pdf
Standards in Public Office Act of 2001 (English)	pdf

*Last update: 2017

Freedom of Information

Access to information in Ireland is established by the Freedom of Information Act (2014, amended 2016). 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 2016). 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
Qualitative Data
Laws

Quantitative Data

Primary Metric	2012	2015	2016	2017	2020
Scope and Coverage	100	100	100	100	100
Information access and release	100	100	100	100	100
Exceptions and Overrides	100	100	100	100	100
Sanctions for non-compliance	0	67	67	67	67
Monitoring and Oversight	50	50	50	50	50

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

Qualitative Data

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 2020)
"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 2020)
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 2020 Freedom of Information Model Publication Scheme Guidance July 2016)
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 2020)
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 2020)
Judicial branch	Yes. Only administrative records of courts are covered (Section 42(a)(ii)(II) Freedom of Information Act 2014, amended 2020)
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 2020)
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 2020)
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 2020)
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 2020)
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 2020 Annex 1 Freedom of Information Model Publication Scheme Guidance July 2016 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 2020 Annex 1 Freedom of Information Model Publication Scheme Guidance July 2016)
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 2020 Annex 1 Freedom of Information Model Publication Scheme Guidance July 2016)
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(1) Freedom of Information Act 2014, amended 2020)
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 2020)
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 2020)
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 2020 Section 3 Freedom of Information Act (Fees) (No. 2) Regulations 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 2020)
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 2020)
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 2020)
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, 2018 (Data Protection Act, 2018)
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 2020 Section 2 and Section 8 Data Protection Act 2018 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(1) Freedom of Information Act 2014, amended 2020)
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 2020)
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 2020)
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 2020 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 2020 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 2020)
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 2020)
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 2020)
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 2020)
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.

Legislation

Constitution of the Republic of Ireland of 1937_ENG (English)	pdf
Freedom of Information Act of 2014_ENG (English)	pdf
Freedom of Information Act of 2014 (Fees) (No. 2) Regulations_ENG (English)	pdf
Freedom of Information Model Publication Scheme Guidance 2016_ENG (English)	pdf
Data Protection Act of 2018_ENG (English)	pdf
Official Secrets Act of 1963_ENG (English)	pdf
Fines Act of 2010_ENG (English)	pdf

*Last update: 2017

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 and competitive dialog procedures. The minimum submission period is 35 days for open procedures, 30 days for restricted procedures and 30 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 are conflict of interest restrictions on the composition of the evaluation committee. However, no form of independence of the contracting authority is mandated for 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
Qualitative Data
Laws

Quantitative Data

Primary Metric	2015	2016	2017	2020
Scope	82	80	84	91
Information availability	18	18	18	43
Evaluation	62	62	75	69
Open competition	83	83	75	75
Institutional arrangements	14	14	21	29

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

Qualitative Data

Scope
Threshold - lowest PP
What is the minimum contract value above which the public procurement law is applied? (Product type GOODS)	EUR 25000. Minimum contract value for which both a tender notice and an award notice are required to be published on www.etenders.gov.ie. Note that the latter does not contain the same level of information as an OJEU award notice. According to guidelines issued by the Office of Government Procurement (OGP) in January 2019, simplified procurement, characterised by informality, applies to contracts for goods and services in the following value ranges: 1. up to EUR 5,000 - can be purchased on the basis of verbal quotes from one or more competitive suppliers (best practice is to seek a minimum of three quotes confirmed by email); 2. from EUR 5,000 up to EUR 25,000 - can be awarded on the basis of responses to written specifications (e.g. sent by email) to at least three suppliers or service providers; and 3. from EUR 25,000 up to EU thresholds - should normally be advertised as part of a formal tendering process on eTenders using the Open Procedure in line with DPER Circular 10/14. (Department of Public Expenditure and Reform Circular No. 10/14, Items 5.1 and 5.2 Public Procuremente Guidelines for Goods and Services 2019, para. 64)
What is the minimum contract value above which the public procurement law is applied? (Product type WORKS)	EUR 50000. Minimum contract value for which the tender notice must be published on www.etenders.gov.ie. Thresholds for the publication of award notices of all public contracts, including works contracts, on www.etenders.gov.ie are, however, lower: EUR 25,000. (Department of Public Expenditure and Reform Circular No. 10/14, Items 5.1 and 5.2 Public Procuremente Guidelines for Goods and Services 2019, para. 64)
What is the minimum contract value above which the public procurement law is applied? (Product type SERVICES)	EUR 25000. Minimum contract value for which both a tender notice and an award notice are required to be published on www.etenders.gov.ie. Note that the latter does not contain the same level of information as an OJEU award notice. According to guidelines issued by the Office of Government Procurement (OGP) in January 2019, simplified procurement, characterised by informality, applies to contracts for goods and services in the following value ranges: 1. up to EUR 5,000 - can be purchased on the basis of verbal quotes from one or more competitive suppliers (best practice is to seek a minimum of three quotes confirmed by email); 2. from EUR 5,000 up to EUR 25,000 - can be awarded on the basis of responses to written specifications (e.g. sent by email) to at least three suppliers or service providers; and 3. from EUR 25,000 up to EU thresholds - should normally be advertised as part of a formal tendering process on eTenders using the Open Procedure in line with DPER Circular 10/14. (Department of Public Expenditure and Reform Circular No. 10/14, Items 5.1 and 5.2 Public Procuremente Guidelines for Goods and Services 2019, para. 64)
Threshold - by PP type
What are the minimum application thresholds for the procurement type? (Entity: PUBLIC SECTOR)	EUR 25000. Minimum contract value for which both a tender notice and an award notice are required to be published on www.etenders.gov.ie. Moreover, contracts with a minimum value of EUR 25,000 should normally follow a formal tendering process on eTenders. (Department of Public Expenditure and Reform Circular No. 10/14, Items 5.1 and 5.2 Public Procuremente Guidelines for Goods and Services 2019, para. 64)
What are the minimum application thresholds for the procurement type? (Entity: UTILITIES)	EUR 428000. Applicable thresholds are EU thresholds. (S.I. No. 286/2016 (as of 2020), Regulation 17 (a) Office of Government Procurement Document on EU thresholds 2020)
What are the minimum application thresholds for the procurement type? (Entity: DEFENCE)	EUR 139000. The minimum contract value is that of Section 5 of S.I. No. 284/2016. However, specific thresholds apply to contracts awarded in the fields of defence and security for: (a) the supply of military equipment, including any parts, components or subassemblies thereof; (b) the supply of sensitive equipment, including any parts, components or subassemblies thereof; (c) works, supplies and services directly related to the equipment referred to in paragraph (a) or (b) for any and all elements of its life cycle, or (d) works and services for specifically military purposes or sensitive works and sensitive services. These are: (i) EUR 412,000 for supply and service contracts; (ii) EUR 5,150,000 for works contracts. (S.I. No. 284/2016 (as of 2020), Regulation 5 S.I. No. 62/2012 (as of 2020), Regulation 4 Office of Government Procurement Document on EU thresholds 2020)
Threshold - by product type
What are the minimum application thresholds for the procurement type? (Product type GOODS)	EUR 25000. (Department of Public Expenditure and Reform Circular No. 10/14, Items 5.1 and 5.2 Public Procuremente Guidelines for Goods and Services 2019, para. 64)
What are the minimum application thresholds for the procurement type? (Product type WORKS)	EUR 50000. (Department of Public Expenditure and Reform Circular No. 10/14, Items 5.1 and 5.2 Public Procuremente Guidelines for Goods and Services 2019, para. 64)
What are the minimum application thresholds for the procurement type? (Product type SERVICES)	EUR 25000. (Department of Public Expenditure and Reform Circular No. 10/14, Items 5.1 and 5.2 Public Procuremente Guidelines for Goods and Services 2019, para. 64)
Information availability
Publishing and record keeping
Is there a requirement that tender documents must published in full?	Yes. Contracting authorities must provide unrestricted and full direct access free of charge to the procurement documents from the date on which a notice is published in the OJEU, unless one of the exceptions in Reg 21(3) or 22(3) applies. The notice or invitation to confirm interest must specify the internet address at which the documents are available. Additionally, except where otherwise provided for in Reg 53(3) to (5), a contracting authority shall publish the procurement documents in their entirety on the internet. (S.I. No. 284/2016 (as of 2020), Regulation 53 (1) (2) and Schedule 5, Part 2)
Are any of these documents published online at a central place?	Yes. Publication of contract notices online at www.etenders.gov.ie is mandatory for public sector contracts valued above the national thresholds. For contracts valued above the EU thresholds, publication online via http://ted.europa.eu is mandatory. (S.I. No. 284/2016 (as of 2020), Regulation 51 Department of Public Expenditure and Reform Circular No. 10/14, Item 5.1)
Is it mandatory to keep all of 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. Contracting authorities shall, at least for the duration of the contract, keep copies of all concluded contracts with a value equal to or greater than: (a) 1,000,000 EUR in the case of public supply contracts or public service contracts; (b) 10,000,000 EUR in the case of public works contracts. Contracting authorities shall grant access to those contracts, but access to specific documents or items of information may be denied to the extent and on the conditions provided for in the applicable EU or national rules on access to documents and data protection. The contracting authority shall maintain documentation to record the progress of all procurement procedures, whether or not they are conducted by electronic means, and to justify decisions taken at all stages of the procurement procedure, including the following: (a) communications with economic operators and internal deliberations; (b) preparation of the procurement documents; (c) dialogue or negotiation, if any; (d) selection and award of the contract. (5) The documentation referred to in paragraph (4) shall be maintained, by the authority concerned, for a period of at least 3 years from the date of award of the contract. (S.I. No. 284/2016 (as of 2020), Regulations 83 and 84)
Are contracts awarded within a framework agreement published (ie mini contracts)?	Yes. While S.I. No. 284/2016 stipulates that, where a framework agreement has been concluded in accordance with Regulation 33, a contracting authority shall not be bound to send a notice of the results of the procurement procedure for each contract based on that agreement, Circular no. 10/14 establishes that all contract award notices above EUR 25,000 should be published on the eTenders website. This effectively includes mini-contracts awarded within a framework agreement. Moreover, the Office of Government Procurement has published, since 2015, information on awarded mini-contracts online: https://ogp.gov.ie/contract-awards-for-standalone-mini-competitions/ . Information is published quarterly and include: the names of contracting authority, client authority and supplier; title of the contract; location of services/works; date of contract signing,as well as its start and end dates. (S.I. No. 284/2016 (as of 2020), Regulation 50 (4) Department of Public Expenditure and Reform Circular No. 10/14, Item 5.2 )
Sub-contracting
Is it mandatory to publish information on subcontractors (ie names) in some cases?	No. There is no general duty to publish information on subcontractors in all contracts covered by S.I. No. 248/2016. Contract notices of contracts with values above EU thresholds may contain, where appropriate, for each award, value and proportion of contract likely to be subcontracted to third parties. There is no specific requirement in respect of below threshold contracts. (S.I. No. 284/2016 (as of 2020), Regulations 50, 71, 84 (1) (d) and Schedule 3, Part 4, 14. )
If yes, what is the threshold for publication (i.e. the % of total contract value subcontracted)? For example, if the threshold is 75%, and you have subcontracted out only 40% of your contract, no disclosure is required. Consultant will insert 75% in the short answer column.	General. ( )
Evaluation
Preferential treatment
Is there a ban on mentioning specific companies or brands in tender specification/call for tender?	Yes. Unless justified by the subject-matter of the contract, technical specifications shall not refer to a specific make or source, or a particular process which characterises the products or services provided by a specific economic operator, or to trade marks, patents, types or a specific origin or production with the effect of favouring or eliminating certain undertakings or certain products. But such reference is permitted on an exceptional basis, where a sufficiently precise and intelligible description of the subject-matter of the contract is not possible, in which case the reference shall be accompanied by the words “or equivalent”. (S.I. No. 284/2016 (as of 2020), Regulation 42 (8) (9) )
Is there a preferential treatment for small-to-medium enterprises (SMEs)?	Yes. Circular 10/14 sets out certain initiatives to assist SMEs in public procurement such as: sub-dividing contracts into lots, promotion of consortium bids, greater use of open procedure, and setting capacity levels set for candidates/tenderers which are relevant and proportionate to each contract. (Department of Public Expenditure and Reform Circular No. 10/14: Initiatives to assist SMEs in Public Procurement )
Is there a preferential treatment for local/national companies? (companies from other EU MS are considered foreign companies)	No. Contracting authorities must treat economic operators equally and without discrimination and shall act in a transparent and proportionate manner. (S.I. No. 284/2016 (as of 2020), Regulation 18 (1))
Is there a specific set of rules for green/sustainable procurement?	Yes. Contracting authorities are free to carry out green/sustainable procurement but must respect certain procedural rules set out in the Regulations, notably: i) Definition of technical specifications by reference to environmental characteristics - Reg 42; ii) References to environmental labels - Reg 43; iii) References to environmental management measures/systems - Reg 62; iv) Use of environmental award criteria - Reg 67; v) Use of life-cycle costing - Reg 68; vi) Use of environmental or social contract performance clauses - Reg 70. (S.I. No. 284/2016 (as of 2020), Regulations 42, 43, 62, 67, 68 and 70 )
Bid evaluation
Are there restrictions on allowable grounds for tenderer exclusion?	Yes. Both mandatory and discretionary grounds for exclusion ares set out in Reg. 57. Contracting authorities may not apply grounds of exclusion which are not mentioned in this regulation. Mandatory grounds of exclusion: If the contracting authority has established or is aware that an economic operator has been convicted of: (a) participation in a criminal organisation; (b) corruption; (c) fraud; (d) terrorist offences or offences linked to terrorist activities; (e) money laundering or terrorist financing; and (f) child labour and other forms of trafficking in human beings. Exclusion is also mandatory where the contracting authority is aware that the economic operator is in breach of its obligations relating to the payment of taxes or social security contributions, and this breach has been established by a judicial or administrative decision having final and binding effect in accordance with the law of the country in which the operator is established or the Member State of the contracting authority. Discretionary exclusion grounds include: (a) violation of applicable obligations referred to in Regulation 18(4); (b) where the economic operator is bankrupt or is the subject of insolvency or winding-up proceedings; (c) economic operator is guilty of grave professional misconduct, which renders its integrity questionable; (d) where the contracting authority has sufficiently plausible indications to conclude that the economic operator has entered into agreements with other economic operators aimed at distorting competition; (e) where a conflict of interest within the meaning of Regulation 24 cannot be effectively remedied by other, less intrusive, measures; (f) where a distortion of competition from the prior involvement of the economic operator in the preparation of the procurement procedure, as referred to in Regulation 41, cannot be remedied by other, less intrusive, measures; (g) significant or persistent deficiencies in the performance of a substantive requirement under a prior public contract which led to early termination of that prior contract, damages or other comparable sanctions; (h) where the economic operator has been guilty of serious misrepresentation in supplying the information required for the verification of the absence of grounds for exclusion or the fulfilment of the selection criteria, has withheld such information or is not able to submit supporting documents required under Regulation 59; (i) where the economic operator has undertaken to unduly influence the decision-making process of the contracting authority, or obtain confidential information that may confer upon it undue advantages in the procurement procedure or where the economic operator has negligently provided misleading information that may have a material influence on decisions concerning exclusion, selection or award. (S.I. No. 284/2016 (as of 2020), Regulation 57 )
Are some bids automatically excluded? e.g., lowest/highest price; unusually low price, etc.	No. Contracting authorities may exclude tenders which are found to be abnormally low if, after seeking explanation from the bidder concerned, the evidence supplied under this Regulation does not satisfactorily account for the low level of price or costs proposed. (S.I. No. 284/2016 (as of 2020), Regulation 69)
Are scoring criteria published?	Yes. The contracting authority must specify, in the procurement documents, the relative weighting which it gives to each of the criteria chosen to determine the most economically advantageous tender, except where this is identified on the basis of price alone. Those weightings may be expressed by providing for a range with an appropriate maximum spread. Where weighting is not possible for objective reasons, the contracting authority must indicate the criteria in decreasing order of importance. (S.I. No. 284/2016 (as of 2020), Regulation 67 (9) (10) (11))
Are decisions always made by a committee?	Yes. Guidelines issued by the Office of Government Procurement (OGP) in January 2019 stipulate that, for procurement between EUR 25,000 and EU thresholds, tender evaluation should be carried out by a team with the requisite competency. For procurement above EU thresholds, examination of tenders should be carried out by a team with the necessary competence. The team may include independent representation. External experts can be used in complex evaluations to provide advice or recommendations on the technical aspects of the tenders to the evaluation team. External experts should sign confidentiality and non-disclosure agreements and comply with any other security or confidentiality requirements of the contracting authority and should return to the contracting authority all documentation, materials and notes received or made during the evaluation (paras. 67, 132/133). (S.I. No. 284/2016 (as of 2020), Regulation 81 Public Procuremente Guidelines for Goods and Services 2019, para. 67, 132 and 133 )
Are there regulations on evaluation committee composition to prevent conflict of interest?	Yes. Contracting authorities must take appropriate measures to effectively prevent, identify and remedy conflicts of interest arising in the conduct of procurement procedures so as to avoid any distortion of competition and to ensure equal treatment of all economic operators. For the purposes of this Regulation, “conflicts of interest” includes any situation where a relevant staff member has directly or indirectly a financial, economic or other personal interest which might be perceived to compromise his or her impartiality and independence in the context of the procurement procedure. “Relevant staff member” means a staff member of the contracting authority or a procurement service provider acting on behalf of the contracting authority who is involved in the conduct of the procurement procedure or may influence the outcome of that procedure. (S.I. No. 284/2016 (as of 2020), Regulation 24 )
Is some part of evaluation committee mandatorily independent of contracting authority?	No. ( )
Are scoring results publicly available?	No. There is no requirement to publish scoring results in award notices or otherwise. However, unsuccessful bidders who have submitted an admissible tender (ie. one that qualifies for evaluation) are entitled to receive information about the characteristics and relative advantages of the winning bid, which may in some case include a comparison of scores. Details of scoring may also be made available subject to a freedom of information (FOI) request or court order. (S.I. No. 284/2016 (as of 2020), Regulation 55 (2) (c) )
Does the law specify under which conditions the tender can be cancelled?	No. Contracting authorities are free to cancel a tender in any circumstances. If they do so, they must notify all tenderers and candidates as soon as possible of the decision to abandon or recommence a procedure, including the grounds for this decision. A contracting authority may withold this information if its disclosure: (a) would impede law enforcement or otherwise be contrary to the public interest; (b) would prejudice the legitimate commercial interests of any economic operator, whether public or private; or (c) might prejudice fair competition between economic operators. (S.I. No. 284/2016 (as of 2020), Regulations 55 (1) (c) (2) (3) )
Open competition
CFT publication
Does the law specify the location for publicizing open calls for tenders?	Yes. Contracts valued above the EU threshold must be published in the Official Journal of the EU which is made available online at http://ted.europa.eu . Contracts valued above EUR 25,000 (supplies/services) or EUR 50,000 (works) must be published on www.etenders.gov.ie . (S.I. No. 284/2016 (as of 2020), Regulations 51 and 52 Department of Public Expenditure and Reform Circular No. 10/14, Item 5.1)
Does the law specify the location for publicizing restricted calls for tenders?	Yes. Contracts valued above the EU threshold must be published in the Official Journal of the EU which is made available online at http://ted.europa.eu . Contracts valued above EUR 25,000 (supplies/services) or EUR 50,000 (works) must be published on www.etenders.gov.ie . (S.I. No. 284/2016 (as of 2020), Regulations 51 and 52 Department of Public Expenditure and Reform Circular No. 10/14, Item 5.1)
Does the law specify the location for publicizing negotiated calls for tenders?	Yes. Contracts valued above the EU threshold must be published in the Official Journal of the EU which is made available online at http://ted.europa.eu . Contracts valued above EUR 25,000 (supplies/services) or EUR 50,000 (works) must be published on www.etenders.gov.ie . In exceptional cases, a negotiated procedure without prior publication can be used - however this is restricted to the situations set out in Reg. 32. (S.I. No. 284/2016 (as of 2020), Regulations 32, 51 and 52 Department of Public Expenditure and Reform Circular No. 10/14, Item 5.1)
Minimum # of bidders
What is the minimum number of bidders for restricted procedures?	General. A minimum of 5 candidates are to be invited in a restricted procedure. Where fewer than 5 candidates meet the criteria, the contracting authority may continue the procedure by inviting the candidates with the required capabilities. In the context of the same procedure, the contracting authority shall not include economic operators that did not request to participate, or candidates that do not have the required capabilities. (S.I. No. 284/2016 (as of 2020), Regulation 65 (3) (5) (6) (7))
What is the minimum number of bidders for negotiated procedures?	General. A minimum of 3 candidates are to be invited in a negotiated procedure. Where fewer than 3 candidates meet the criteria, the contracting authority may continue the procedure by inviting the candidates with the required capabilities. In the context of the same procedure, the contracting authority shall not include economic operators that did not request to participate, or candidates that do not have the required capabilities. (S.I. No. 284/2016 (as of 2020), Regulation 65 (4) (5) (6) (7))
What is the minimum number of bidders for competitive dialogue procedures?	General. A minimum of 3 candidates are to be invited in a competitive dialogue. If fewer than three candidates meet the criteria, the contracting authority may continue provided i) it invites only those candidates who meet the criteria and requested to participate and ii) the number is sufficient to ensure genuine competition. (S.I. No. 284/2016 (as of 2020), Regulation 65 (4) (5) (6) (7))
Bidding period length
What are the minimum number of days for open procedures?	General. Above EU thresholds: 35 days; Below EU thresholds: there are no prescribed time limits. However, sufficient time must be permitted for preparation and submission of tenders to allow for genuine competition and SMEs to participate in the tender process. Contracting authorities should consider the complexity of a contract when placing time limits on the receipt of tenders. (S.I. No. 284/2016 (as of 2020), Regulations 27 (1) (b) and 47 (1) Public Procuremente Guidelines for Goods and Services 2019, para. 66)
What are the minimum number of days for restricted procedures?	General. Above EU thresholds: 30 days; Below EU thresholds: there are no prescribed time limits. However, sufficient time must be permitted for preparation and submission of tenders to allow for genuine competition and SMEs to participate in the tender process. Contracting authorities should consider the complexity of a contract when placing time limits on the receipt of tenders. (S.I. No. 284/2016 (as of 2020), Regulations 28 (1) (e) and 47 (1) Public Procuremente Guidelines for Goods and Services 2019, para. 66)
What are the minimum number of days for competitive negotiated procedures?	General. Above EU thresholds: 30 days; Below EU thresholds: there are no prescribed time limits. However, sufficient time must be permitted for preparation and submission of tenders to allow for genuine competition and SMEs to participate in the tender process. Contracting authorities should consider the complexity of a contract when placing time limits on the receipt of tenders. (S.I. No. 284/2016 (as of 2020), Regulations 29 (5) and 47 (1) Public Procuremente Guidelines for Goods and Services 2019, para. 66)
Institutional arrangements
Institutions and regulations
Does the law specify the main EXCEPTIONS preventing the application of the public procurement law for tenders/organisations?	Yes. The following contracts constitute the main exceptions: i) Contracts covered by or exempt from S.I. 286/2016; ii) where the principal purpose of the contract is to permit the contracting authority to provide or exploit public communications networks or to provide to the public one or more electronic communications services; iii) contracts or design contests awarded pursuant to international rules iv) for the acquisition or rental, by whatever financial means, of land, existing buildings or other immovable property, or which concern interests in or rights over any of them; (v) the acquisition, development, production or co-production of programme material intended for audiovisual media services or radio media services, that are awarded by audiovisual or radio media service providers; (vi) broadcasting time or programme provision that are awarded to audiovisual or radio media service providers; (vii) for arbitration or conciliation services; (viii) for any of the following legal services: (a) legal representation of a client by a lawyer, in an arbitration or conciliation held in a member State, a third country or before an international arbitration or conciliation instance, or judicial proceedings before the courts, tribunals or public authorities of a member State or a third country or before international courts, tribunals or institutions; (b) legal advice given in preparation of any of the proceedings referred to in paragraph (a), or where there is a tangible indication and high probability that the matter to which the advice relates will become the subject of such proceedings, provided that the advice is given by a lawyer; (c) document certification and authentication services which must be provided by notaries; (d) legal services provided by trustees or appointed guardians or other legal services the providers of which are designated by a court or tribunal in the member State concerned or are designated by law to carry out specific tasks under the supervision of such tribunals or courts; (e) other legal services which in the member State concerned are connected, even occasionally, with the exercise of official authority; (ix) financial services in connection with the issue, sale, purchase or transfer of securities or other financial instruments within the meaning of Directive 2004/39/EC of the European Parliament and of the Council as amended from time to time (x) central bank services, or operations conducted with the European Financial Stability Facility and the European Stability Mechanism (xi)for loans, whether or not in connection with the issue, sale, purchase or transfer of securities or other financial instruments; (xii) employment contracts (xiii) for civil defence, civil protection, and danger prevention services that are provided by non-profit organisations or associations, except patient transport ambulance services; (xiv) for public passenger transport services by rail or metro; (xv) for political campaign services, when awarded by a political party in the context of an election campaign; (xvi) certain works and services contracts (e.g. civil engineering, building of hospitals and schools) if the contract is subsidised by 50% or less by a contracting authority; (xvii) for certain research and development services (a) the benefits are to accrue exclusively to the contracting authority for its use in the conduct of its own affairs; and (b) the services are to be wholly paid for by the contracting authority; (xviii) contracts covered by or exempt from the Defence and Security Regulations. In addition, certain contracts between public bodies are exempt where these meet the conditions set out in Regulation 12 (Teckal and Hamburg exemptions). (S.I. No. 284/2016 (as of 2020), Regulations 7-17)
Does the law specify the main types of institutions that must apply the public procurement law?	Yes. "Contracting authority" is defined as: (a) a State, regional or local authority; (b) a body governed by public law; or (c) an association formed by one or more such authorities or one or more such bodies governed by public law. "Contracting entity” means a person that: (a) is a contracting authority or public undertaking which pursues one of the activities referred to in Regulations 10 to 16 of the Award of Contracts by Utilities Regulations 2016, or (b) is not a contracting authority or public undertaking, but pursues one of the activities referred to in Regulations 10 to 16 of the Award of Contracts by Utilities Regulations 2016 or any combination thereof and has been granted special or exclusive rights by a competent authority of a Member State. (S.I. No. 284/2016 (as of 2020), Regulation 2)
Does the law specify the main procedure types or procurement methods permitted?	Yes. Open procedure, restricted procedure, competitive procedure with negotiation, competitve dialogue, innovation partnership, negotiated without prior publication, design contest (S.I. No. 284/2016 (as of 2020), Regulations 26-32 and 78)
Is there a procurement arbitration court dedicated to public procurement cases?	No. The High Court - note that this is not a 'dedicated court' in the sense that it deals solely with procurement disputes, but it is the court responsible for such claims. (S.I. No. 130/2010 (as of 2020), Regulation 2)
Is there a procurement regulatory body dedicated to public procurement?	Yes. The Office of Government Procurement (https://ogp.gov.ie/), in the Department of Public Expenditure and Reform, takes responsibility for procurement policy and procedures. On the enforcement side, an Interim Procurement Reform Board was created to oversee the implementation of the public procurement reform programme, in particular, the programme’s structures, practices and policies on centralised procurement, and advise, where appropriate, on how to address any gaps. The Board also advises the Government on a national public procurement strategy, in line with national and EU legislation, government policy, national guidance and best practice. In particular, it advises on the Office of Government Procurement’s objectives and business plan and oversees its delivery and performance. The Board is an ‘interim’ structure pending the establishment of the OGP on a statutory basis. ( )
Does the law specify procurement advisors' profession (i.e. degree to be obtained, official list of members of the professional association) and its role in the tendering process (e.g. right to draft tender documentations, conduct market research identifying bidders)?	No. ( )
Is disclosure of final, beneficial owners required for placing a bid?	No. This would only be required if the bidder is relying on the financial or technical capacity of the beneficial owners, in which case it must provide information including confirmation that such parties comply with the exclusion criteria. (S.I. No. 284/2016 (as of 2020), Regulation 63 (4))
Complaints
Is there a fee for arbitration procedure?	Yes. Applications to the High Court incur a fee. (S.I. No. 492/2014 (as of 2020))
Is there a ban on contract signature until arbitration court decision (first instance court)?	Yes. If a person applies to the High Court for review, the contracting authority shall not conclude the contract until: (a) the Court has determined the matter, or (b) the Court gives leave to lift any suspension of a procedure; or (c) the proceedings are discontinued or otherwise disposed of. The 2015 Amending Regulations clarify the situations in which the Court may lift the suspension to allow a contract to be concluded. (SI No. 130/2010, Regulation 8 (2) S.I. No. 192/2015, Regulations 4 and 5)
What is the maximum number of days until arbitration court decision from filing a complaint in the case of awarded contracts?	N/S. There is no time limit within which the Court must deliver its judgment. ( )
Is there a requirement to publicly release arbitration court decisions ?	No. There is no legal requirement but in practice High Court judgments are published via the website www.courts.ie

Legislation

Department of Public Expenditure and Reform Circular No. 10/14: Initiatives to Assist SMEs in Public Procurement 2014 (English)	pdf
OGP EU Thresholds 2020 (English)	pdf
OGP Guidelines 2019 (English)	pdf
S.I. No. 130/2010 - European Communities (Public Authorities' Contracts) (Review Procedures) Regulations 2010 (English)	pdf
S.I. No. 203/2017 - European Union (Award of Concession Contracts) Regulations 2017 (English)	pdf
S.I. No. 284/2016 - European Union (Award of Public Authority Contracts) Regulations 2016 (English)	pdf
S.I. No. 286/2016 - European Union (Award of Contracts by Utility Undertakings) Regulations 2016. (English)	pdf
S.I. No. 329/2006 - European Communities (Award of Public Authorities' Contracts) Regulations 2006 (English)	pdf
S.I. No. 492/2014 - Supreme Court, Court of Appeal and High Court (Fees) Order 2014 (English)	pdf
S.I. No. 62/2012 - European Union (Award of Contracts relating to Defence and Security) Regulations 2012 (English)	pdf

*Last update: 2017

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Political finance oversight

Is it specified that a particular institution(s) is responsible for examining financial reports and/​or investigating violations?

Other institutions with a formal role in political finance oversight

Sanctions for political finance infractions

Legislation

Financial Disclosure

Quantitative Data

Primary Metric

Alternative Metric

Qualitative Data

Head of State

Disclosure items

Income and Assets

Incompatibilities

Filing frequency

Sanctions

Monitoring and Oversight

Public access to declarations

Ministers

Disclosure items

Income and Assets

Incompatibilities

Filing frequency

Sanctions

Monitoring and Oversight

Public access to declarations

Members of Parliament

Disclosure items

Income and Assets

Incompatibilities

Filing frequency

Sanctions

Monitoring and Oversight

Public access to declarations

Civil servants

Disclosure items

Income and Assets

Incompatibilities

Filing frequency

Sanctions

Monitoring and Oversight

Public access to declarations

Legislation

Conflict of Interest

Quantitative Data

Primary Metric

Alternative Metric

Qualitative Data

Head of State

Restrictions

Sanctions

Monitoring and Oversight

Ministers

Restrictions

Sanctions

Monitoring and Oversight

Members of Parliament

Institutions receiving financial reports from political parties and/or candidates

Is it specified that a particular institution(s) is responsible for examining financial reports and/or investigating violations?