Monday, 2 March 2020, marked the commencement of the Standards in Public Life Regulations, 2020 (“the Regulations”).

1. Commission for Standards in Public Life (“the Commission”) took the lead in developing draft Regulations and with the guidance and expertise of the Legislative Drafting Department, were able to produce the final form of Regulations which received the approval of Cabinet. The Regulations (now available at http://www.standardsinpubliclifecommission.ky/legislation), among other things, provide the approved form for declarations of interests, income, assets and liabilities to be completed by persons in public life and give effect to the various provisions of the Standards in Public Life Law, 2014 (“the Law”) and the Standards in Public Life (Amendment Law), 2016 (“the Amendment Law”). Regulations do not weaken or alter in any way the provisions in the Law or Amendment Law.

The Regulations are divided into four main categories: ‘preliminary’, ‘investigations’, ‘duty of confidentiality’ and ‘general’. The Regulations also contain two Schedules comprising Declaration Forms – Schedule 1 being the form of declaration to be completed by persons in public life identified under paragraphs 1, 2, 3, 4, 5, 9 and 10 of Schedule 1 to the Law (persons other than board members) and Schedule 2 being the form of declaration to be completed by persons identified by paragraphs 6, 7 and 8 of Schedule 1 to the Law (board members).
 

Preliminary

This section provides details on how and by whom the declaration forms should be completed and clarifies that a person in public life may limit the information contained in their declaration as it relates to a spouse or dependant only where that person has not been residing in the same household for a continuous period of three months immediately preceding the submission of the declaration. The inspection of the Register of Interests, the reporting of breaches and the ability of the Commission to carry out its functions under the Law are also covered under this category.

Investigations

This section provides for the Commission to hire an Investigator when necessary and provides the framework for the conduct of investigations and hearings where the Commission reasonably suspects that a person in public life has committed a breach of the Law.

Duty of Confidentiality

For the avoidance of doubt under this category, confidentiality clauses for persons appointed by the Commission to assist in carrying out its functions under the Law and the treatment of breaches of confidentiality are provided. This section also provides for the manner of reporting by the Commission where it is satisfied that a breach of the Law or an offence has been committed.

General

The Regulations require the recording in the Register of unpaid penalties imposed by section 11(5) of the Law and classifies all information received by the Commission, except that which appears in the Register of Interests, as exempt records.

The Commission continues to develop the necessary Instructions for submitting Declaration Forms and will be providing updates as the work develops in the coming weeks.