In short
This law amends previous acts concerning Tribunals of Inquiry, primarily focusing on the immunities of individuals providing documents to tribunals and the enforcement of tribunal orders. It also updates provisions regarding the payment of costs associated with tribunal proceedings.
What it regulates
- Immunities and privileges for individuals providing documents to tribunals.
- The power of tribunals to order the payment of costs by individuals appearing before them or to the Minister for Finance.
- The enforcement of tribunal orders by the High Court.
- The collective citation of related acts.
Who it concerns
- Persons who produce or send documents to a tribunal.
- Persons appearing before a tribunal by counsel or solicitor.
- Tribunals and their chairpersons.
- The High Court.
Key points
- A person who produces or sends a document to a tribunal under its order is entitled to the same immunities and privileges as a witness before the High Court.
- A tribunal or its chairperson may order the payment of costs, either of its own motion or upon application, if there are sufficient reasons rendering it equitable to do so.
- Costs can be ordered to be paid by any person named in the order to another person appearing before the tribunal or to the Minister for Finance.
- The High Court can order a person to comply with a tribunal's order if they fail or refuse to do so, and can make other necessary and just orders for full effect.
đ Legal text
Tribunals of Inquiry (Evidence) (Amendment) Act, 1997
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Tribunals of Inquiry (Evidence) (Amendment) Act, 1997
Tribunals of Inquiry (Evidence) (Amendment) Act, 1997
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Number 42 of 1997
TRIBUNALS OF INQUIRY (EVIDENCE) (AMENDMENT) ACT, 1997
ARRANGEMENT OF SECTIONS
Section
1.
Definitions.
2.
Amendment of section 1 of Principal Act.
3.
Amendment of section 6 of Tribunals of Inquiry (Evidence) (Amendment) Act, 1979.
4.
Enforcement of tribunals' orders by High Court.
5.
Short title and collective citation.
Acts Referred to
Tribunals of Inquiry (Evidence) Act, 1921
1921, c. 7.
Tribunals of Inquiry (Evidence) (Amendment) Act, 1979
1979, No. 3
Number 42 of 1997
TRIBUNALS OF INQUIRY (EVIDENCE) (AMENDMENT) ACT, 1997
AN ACT TO AMEND THE TRIBUNALS OF INQUIRY (EVIDENCE) ACTS, 1921 AND 1979. [18th December, 1997]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
Definitions.
1.âIn this Actâ
âthe Principal Actâ means the
Tribunals of Inquiry (Evidence) Act, 1921
;
âa tribunalâ means a tribunal to which the Principal Act is applied under section 1 of that Act.
Amendment of section 1 of Principal Act.
2.âSection 1 of the Principal Act is hereby amended by the insertion after subsection (3) of the following subsection:
â(4) A person who produces or sends a document to any such tribunal pursuant to an order of that tribunal shall be entitled to the same immunities and privileges as if he or she were a witness before the High Court.â.
Amendment of section 6 of
Tribunals of Inquiry (Evidence) (Amendment) Act, 1979
.
3.â(1)
Section 6
of the
Tribunals of Inquiry (Evidence) (Amendment) Act, 1979
, is hereby amended by the substitution for subsection (1) of the following subsection:
â(1) Where a tribunal or, if the tribunal consists of more than one member, the chairperson of the tribunal, is of opinion that, having regard to the findings of the tribunal and all other relevant matters (including the terms of the resolution passed by each House of the Oireachtas relating to the establishment of the tribunal or failing to co-operate with or provide assistance to, or knowingly giving false or misleading information to, the tribunal), there are sufficient reasons rendering it equitable to do so, the tribunal, or the chairperson, as the case may be, may, either of the tribunal's or the chairperson's own motion, as the case may be, or on application by any person appearing before the tribunal, order that the whole or part of the costsâ
(a) of any person appearing before the tribunal by counsel or solicitor, as taxed by a Taxing Master of the High Court, shall be paid to the person by any other person named in the order;
(b) incurred by the tribunal, as taxed as aforesaid, shall be paid to the Minister for Finance by any other person named in the order.â.
(2) The amendment effected by subsection (1) of this section does not apply to costs incurred before the passing of this Act.
Enforcement of tribunals' orders by High Court.
4.âWhere a person fails or refuses to comply with or disobeys an order of a tribunal, the High Court may, on application to it in a summary manner in that behalf by the tribunal, order the person to comply with the order and make such other order as it considers necessary and just to enable the order to have full effect.
Short title and collective citation.
5.â(1) This Act may be cited as the Tribunals of Inquiry (Evidence) (Amendment) Act, 1997.
(2) The Tribunals of Inquiry (Evidence) Acts, 1921 and 1979, and this Act may be cited together as the Tribunals of Inquiry (Evidence) Acts, 1921 to 1997.
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