(1) The following are designated public officials:

(a) Ministers of the Government and Ministers of State;

(b) other members of Dáil Éireann and Seanad Éireann;

(c) members of the European Parliament for constituencies in the State;

(d) members of local authorities;

(e) special advisers appointed under section 11 of the Public Service Management Act 1997;

(f) public servants of a prescribed description;

(g) any other prescribed office holders or description of persons.

(2) The Minister may prescribe descriptions of public servants under subsection (1)(f) by reference to their roles, levels of remuneration, grades or similar factors.

(3) In determining whether or not to prescribe any description of public servants, office holders or description of persons, under subsection (1)(f) or (g), the Minister shall have regard to the public interest and to any recommendations that may have been made under section 2(3).