In short
This law amends the Tribunals of Inquiry (Evidence) Act, 1921, specifically concerning how the document that establishes a tribunal can be changed. It sets out the conditions under which a Minister can amend the instrument appointing a tribunal.
What it regulates
- The amendment of the instrument by which a tribunal is appointed.
- The requirement for a Resolution of both Houses of the Oireachtas for such an amendment.
- The conditions under which a tribunal can consent to or request an amendment.
- The application of the Tribunals of Inquiry (Evidence) Act to an amended instrument.
Who it concerns
- Ministers of the Government, who are responsible for amending the instrument.
- Tribunals of Inquiry, which must consent to or request amendments.
- Any person who has cooperated with or provided information to a tribunal, whose legal rights must not be prejudiced by an amendment.
Key points
- An instrument appointing a tribunal can be amended by a Minister of the Government following a Resolution of both Houses of the Oireachtas.
- This amendment can only happen if the tribunal consents after consulting with the Attorney General, or if the tribunal requests the amendment.
- A tribunal cannot agree to or ask for an amendment if it would harm the legal rights of anyone who has helped the tribunal or given it information.
- The original Tribunals of Inquiry (Evidence) Act, 1921, will still apply to any instrument that is amended under this law.
📄 Legal text
Tribunals of Inquiry (Evidence) (Amendment) (No. 2) Act, 1998
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Tribunals of Inquiry (Evidence) (Amendment) (No. 2) Act, 1998
Tribunals of Inquiry (Evidence) (Amendment) (No. 2) Act, 1998
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Number 18 of 1998
TRIBUNALS OF INQUIRY (EVIDENCE) (AMENDMENT) (NO. 2) ACT, 1998
ARRANGEMENT OF SECTIONS
Section
1.
Amendment of section 1A of Tribunals of Inquiry (Evidence) Act, 1921.
2.
Short title and collective citation.
Acts Referred to
Tribunals of Inquiry (Evidence) Act, 1921
1921, c. 7
Tribunals of Inquiry (Evidence) Acts, 1921 to 1998
Tribunals of Inquiry (Evidence) (Amendment) Act, 1998
1998, No. 11
Number 18 of 1998
TRIBUNALS OF INQUIRY (EVIDENCE) (AMENDMENT) (NO. 2) ACT, 1998
AN ACT TO AMEND THE TRIBUNALS OF INQUIRY (EVIDENCE) ACTS, 1921 TO 1998. [12th June, 1998]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
Amendment of section 1A of Tribunals of Inquiry (Evidence) Act, 1921.
1.—The
Tribunals of Inquiry (Evidence) Act, 1921
, is hereby amended by the substitution for section 1A (inserted by the
Tribunals of Inquiry (Evidence) (Amendment) Act, 1998
) of the following section:
“Amendment of instrument by which tribunal is appointed.
1A.—(1) An instrument to which this section applies (whether made before or after the passing of the Tribunals of Inquiry (Evidence) (Amendment) (No. 2) Act, 1998) shall be amended, pursuant to a Resolution of both Houses of the Oireachtas, by a Minister of the Government where—
(a) the tribunal has consented to the proposed amendment, following consultation between the tribunal and the Attorney General on behalf of the Minister, or
(b) the tribunal has requested the amendment.
(2) Without prejudice to the generality of subsection (1), the tribunal shall not consent to or request an amendment to an instrument to which this section applies where it is satisfied that such amendment would prejudice the legal rights of any person who has co-operated with or provided information to the tribunal under its terms of reference.
(3) Where an instrument to which this section applies is so amended this Act shall apply.
(4) This section applies, in the case of a tribunal to which this Act is applied under
section 1
of this Act, to the instrument by which the tribunal is appointed.”.
Short title and collective citation.
2.—(1) This Act may be cited as the Tribunals of Inquiry (Evidence) (Amendment) (No. 2) Act, 1998.
(2) The Tribunals of Inquiry (Evidence) Acts, 1921 to 1998, and this Act may be cited together as the Tribunals of Inquiry (Evidence) Acts, 1921 to 1998.
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AI explanation based on the official legal text. Indicative, not a substitute for legal advice.