Tribunals of Inquiry (Evidence) (Amendment) Act 2004

In short

This law amends previous acts concerning Tribunals of Inquiry, primarily to clarify how costs are handled, allow tribunals to seek directions from the High Court, and enable multi-member tribunals to operate in divisions.

What it regulates

The handling of costs incurred by tribunals, including those before a chairperson's appointment.
The ability of tribunals to seek directions and orders from the High Court regarding their functions.
The operation of multi-member tribunals in divisions.
The powers and duties of these divisions and their chairpersons.

Who it concerns

Tribunals of Inquiry, specifically their sole members or chairpersons.
The High Court, which may provide directions and orders to tribunals.

Key points

A tribunal's sole member or chairperson can make orders regarding costs incurred even before their appointment.
Tribunals or their chairpersons can apply to the High Court for directions on their functions, including those related to costs.
The High Court can hear such applications privately if appropriate due to subject matter, risk to criminal proceedings, or nature of evidence.
Multi-member tribunals can act in divisions, with the chairperson determining members, functions, and requiring reports from each division.

Legal text

Tribunals of Inquiry (Evidence) (Amendment) Act 2004 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.

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s)or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 2004 Tribunals of Inquiry (Evidence) (Amendment) Act 2004 Tribunals of Inquiry (Evidence) (Amendment) Act 2004 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Open PDFOscail PDF Print Full ActPriontáil an tAcht Iomlán Number 13 of 2004 TRIBUNALS OF INQUIRY (EVIDENCE) (AMENDMENT) ACT 2004 ARRANGEMENT OF SECTIONS Section 1. Definitions. 2. Amendment of section 6 of 1979 Act. 3. Amendment of 1997 Act. 4. Short title and collective citation. Acts Referred to Tribunals of Inquiry (Evidence) Acts 1921 to 2002 Tribunals of Inquiry (Evidence) (Amendment) Act 1979 1979, No. 3 Tribunals of Inquiry (Evidence) (Amendment) Act 1997 1997, No. 42 Number 13 of 2004 TRIBUNALS OF INQUIRY (EVIDENCE) (AMENDMENT) ACT 2004 AN ACT TO AMEND THE TRIBUNALS OF INQUIRY (EVIDENCE) ACTS 1921 to 2002. [5th May, 2004] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: Definitions. 1.—In this Act— “1979 Act” means Tribunals of Inquiry (Evidence) (Amendment) Act 1979 ; “1997 Act” means the Tribunals of Inquiry (Evidence) (Amendment) Act 1997 . Amendment of section 6 of 1979 Act. 2.—

(1)Section 6 of the 1979 Act (as amended by the 1997 Act) is amended by inserting the following subsections after subsection

(1): “(1A) The person who for the time being is the sole member of a tribunal or is the chairperson of a tribunal consisting of more than one member— (a) may make an order under subsection

(1)in relation to any costs referred to in that subsection that were incurred before his or her appointment as sole member or chairperson and that have not already been determined in accordance with that subsection, and (

b)shall, for that purpose, have regard to any report of the tribunal relating to its proceedings in the period before his or her appointment. (1B) Paragraph (
b)of subsection (1A) shall not be taken to limit the matters to which regard is to be had under subsection

(1).”.

(2)The amendment effected by subsection

(1)of this section applies to— (

a)tribunals appointed, and (
b)costs incurred, before or after the passing of this Act. Amendment of 1997 Act. 3.—

(1)The 1997 Act is amended by inserting the following sections after section 4: “Directions and orders of High Court. 4A.—

(1)A tribunal or, where the tribunal consists of more than one member, the chairperson may, whenever the tribunal or chairperson considers it appropriate to do so, apply to the High Court for directions relating to the performance of the functions of the tribunal or the chairperson under the Tribunals of Inquiry (Evidence) Acts 1921 to 2004, including their functions under section 6 of the Tribunals of Inquiry (Evidence) (Amendment) Act 1979 relating to costs.

(2)On an application under subsection

(1), the High Court may give such directions and make such orders as it considers appropriate.

(3)The High Court may, on application, hear an application under subsection

(1)otherwise than in public if satisfied that it is appropriate to do so because of— (

a)the subject matter in relation to which directions are sought, (
b)a risk of prejudice to criminal proceedings, or (
c)any other matter relating to the nature of the evidence to be given at the hearing of the application.

(4)The High Court shall give such priority as it reasonably can, having regard to all the circumstances, to the disposal of proceedings in the Court under this Act.

(5)The Superior Court Rules Committee may, with the concurrence of the Minister for Justice, Equality and Law Reform, make rules to facilitate giving effect to subsection

(4). “Divisions of tribunals. 4B.—

(1)A tribunal consisting of more than one member may, whenever the chairperson so determines, act in divisions each of which consists of such members of the tribunal as the chairperson may determine.

(2)The chairperson of a tribunal may, in relation to each division— (

a)designate one member of the division as its chairperson, (
b)determine those functions of the tribunal that are to be performed by the division, (
c)determine the matters in relation to which the division is to perform those functions, and (
d)require the division to prepare a report of its findings.

(3)A division of a tribunal shall provide any report prepared as required by subsection

(2)to the chairperson of the tribunal, and the report is considered for all purposes to have been made by the tribunal.

(4)A division of a tribunal and the chairperson of a division have, for the purposes of performing the functions of the division, all the powers and duties of the tribunal and chairperson of the tribunal respectively, including their powers and duties under section 6 of the Tribunals of Inquiry (Evidence) (Amendment) Act 1979 relating to costs.

(5)If the chairperson of a division of a tribunal is for any reason unable to continue to act as such, another member of the division may be designated under subsection

(2)(a) as its chairperson, and the designation does not affect decisions, determinations or inquiries made or other actions taken before the designation.”.

(2)The amendments effected by subsection

(1)of this section apply to tribunals appointed before or after the passing of this Act. Short title and collective citation. 4.—

(1)This Act may be cited as the Tribunals of Inquiry (Evidence) (Amendment) Act 2004>.

(2)The Tribunals of Inquiry (Evidence) Acts 1921 to 2002 and this Act may be cited together as the Tribunals of Inquiry (Evidence) Acts 1921 to 2004. Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government of Ireland. Oireachtas Copyright Material is reproduced with the permission of the Houses of the Oireachtas © Rialtas na hÉireann. Atáirgtear ábhar faoi Chóipcheart le cead ó Thithe an Oireachtais

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