Public Finance Management Act [Chapter 22:19] as amended as at 28 October 2016
including (but not limited to) any payment or benefit in the way of or in the
guise of—
A. management committee allowances; or
B.
trustee or trustee representative allowances; or
C.
travel allowances, fuel coupons or holiday allowances;
(c) being the accounting authority or a member or employee of the entity in question —
(i) fails to make timely disclosures to the appropriate Ministry of all facts, matters,
transactions or commitments concerning the public entity that are likely to have
an impact on the public resources or financial interest of the State; or
(ii) colludes with the appropriate Ministry (whether actively, or by incitement, or
through acquiescence) in condoning or concealing any non-compliance with
this Act or the enactment constituting the public entity; or
(iii) offers to any person referred to in paragraph (b) any monetary or other benefit
inconsistent with the discharge of the appropriate Ministry’s supervisory or
regulatory role including (but not limited to) those payments or benefits
referred to in that paragraph.
(3) Despite anything to the contrary contained in this Act, or in the enactment constituting
the public entity or in any other law, no accounting officer or member of the Civil Service
employed in an appropriate Ministry responsible for approving the remuneration and allowances
of any member or employee of a public entity, shall approve such remuneration or allowances
without first obtaining written clearance from Treasury:
Provided that if Treasury does not respond within thirty days to a written request for
clearance from the accounting officer or other member of the Civil Service concerned,
Treasury- shall be deemed to have given its clearance.
(4) Any person who wilfully or with gross negligence contravenes subsection (2) or (3)
shall be guilty of an offence and liable upon conviction to a fine not exceeding level ten or to
imprisonment for a period not exceeding five years or to both such fine and such imprisonment.
(5) Every head of an appropriate Ministry shall, in consultation with the Treasury,
formulate and implement protocols, guidelines and best practice directives to ensure the
separation of roles between the Ministry and the public entity for which it is responsible in
accordance with this section and good corporate governance principles.
(6) No secrecy or confidentiality provision in any contract or law shall prevent an
accounting authority or a member or employee of a public entity from furnishing to the
appropriate Ministry (through the accounting officer or otherwise) any information concerning a
breach or suspected breach of subsection (1), (2) or (3), and no public entity shall dismiss or in
any other way penalise the accounting authority, member or employee of the public entity for
furnishing such information.
[PART VI
LOANS, GUARANTEES AND OTHER COMMITMENTS
The whole of this Part, consisting of sections 52 to 77, was repealed by
the Public Debt Management Act, 2015 with effect from 4th September 2015.]
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