Houses of the Oireachtas (Inquiries, Privileges and Procedures) Act 2013

Houses of the Oireachtas (Inquiries, Privileges and Procedures) Act 2013 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.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 2013 Houses of the Oireachtas (Inquiries, Privileges and Procedures) Act 2013 Houses of the Oireachtas (Inquiries, Privileges and Procedures) Act 2013 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 Revised Act Acht Athbh… Open PDFOscail PDF Print Full ActPriontáil an tAcht Iomlán Number 33 of 2013 HOUSES OF THE OIREACHTAS (INQUIRIES, PRIVILEGES AND PROCEDURES) ACT 2013 ARRANGEMENT OF SECTIONS PART 1 Preliminary and General Section 1. Short title and commencement. 2. Interpretation — general. 3. Expenses. 4. Laying of regulations. 5. Repeals. PART 2 Types of Inquiries that may be Conducted Chapter 1 Section 7, section 8, section 9, section 10 and section 11 inquiries, etc. 6. Application of Chapter 1. 7. Power of committee to conduct inquiry by way of recording evidence, etc. 8. Power of committee to conduct inquiry into legislative functions of either House or both Houses. 9. Power of committee to conduct inquiry into removal, etc., of certain officeholders. 10. Power of committee to conduct inquiry into conduct of member of House. 11. Power of committee to conduct inquiry into conduct of certain officeholders, etc. 12. Proposal by committee to conduct Part 2 inquiry. 13. Setting of terms of reference for Part 2 inquiry. 14. Finding of failure to co-operate with Part 2 inquiry. Chapter 2 Section 16 inquiry 15. Application of section 16. 16. Committee may conduct investigation into charge under Article 12.10 of Constitution. PART 3 Part 2 Inquiries to Observe Fair Procedures 17. Findings of fact not to directly impugn person’s good name other than certain persons. 18. Privileges and immunities of witnesses. 19. Guidelines relating to procedures of Part 2 inquiry. 20. Power of chairman of committee to give directions, etc. 21. Member not to be committee member where perception of bias might arise. 22. Rights of witness to Part 2 inquiry, etc. 23. Action to be taken where good name of person is directly impugned. 24. Right to good name of person in respect of whom committee is entitled to make finding that directly impugns good name. 25. Other persons identified in evidence. 26. Notice of intention to exercise powers under Part 6 relating to compellability. 27. Standard of proof. 28. Duty to inform witness of committee’s powers and to advise witness, etc. 29. Evidence given or sent to committee not admissible in certain proceedings. 30. Preservation of relevant material. 31. Inquiry to be held in public. 32. Offences — Part 3. PART 4 Reports and Certain Confidential Documents Concerning Part 2 Inquiries 33. Final reports. 34. Interim reports. 35. Draft of relevant report to be given to certain persons. 36. Confidentiality of draft reports. 37. Confidentiality of other documents. 38. Preserving confidentiality of commercially sensitive information. 39. Amending draft reports. 40. Publication of final report and interim reports. 41. Offences — Part 4. PART 5 Part 2 Inquiry Legal Costs, Part 2 Inquiry Expenses and Private Bill Legal Costs Chapter 1 Definitions, estimate of Part 2 inquiry legal costs and Part 2 inquiry expenses and parliamentary legal costs adjudicators 42. Definitions — Part 5. 43. Estimate of sum of Part 2 inquiry legal costs and Part 2 inquiry expenses. 44. Parliamentary legal costs adjudicator. 45. Powers of parliamentary legal costs adjudicator. Chapter 2 Part 2 inquiry legal costs 46. Oireachtas Commission to issue guidelines in respect of Part 2 inquiry legal costs. 47. Third party Part 2 inquiry legal costs in proceedings of Part 2 inquiry. 48. Award of Part 2 inquiry legal costs against third parties. 49. Payment by Oireachtas Commission of Part 2 inquiry legal costs, etc. 50. Proceedings for recoupment of Part 2 inquiry legal costs. 51. Application for assessment of Part 2 inquiry legal costs. 52. Certificate of costs. Chapter 3 Part 2 inquiry expenses 53. Oireachtas Commission to issue guidelines in respect of Part 2 inquiry expenses. 54. Payment by Oireachtas Commission of Part 2 inquiry expenses. 55. Award of Part 2 inquiry expenses against third parties, etc. Chapter 4 Private bill legal costs 56. Oireachtas Commission to issue guidelines in respect of private bill legal costs. 57. Awarding of private bill legal costs (promoter) to promoters. 58. Awarding of private bill legal costs (petitioner) to petitioners. 59. Proceedings for recoupment of private bill legal costs. 60. Provisions supplementary to sections 57 and 58. 61. Certificate of costs. Chapter 5 Miscellaneous 62. Further application of Part 5. 63. Power of Oireachtas Commission to specify form of documents. 64. Offences — Part 5. PART 6 Compellability, Privileges and Immunities in Relation to Part 2 Inquiries 65. Definition of “direction”. 66. Application of Part 6. 67. Powers of committee to obtain evidence. 68. Scope of section 67. 69. Application of section 67 to members of judiciary, etc. 70. Relevant evidence. 71. Exemption of certain evidence, etc., from section 67. 72. Declarations in relation to directions. 73. Provisions supplementary to section 67. 74. Saver and restriction of Official Secrets Act 1963. 75. Offences — Part 6. PART 7 Compellability, Privileges and Immunities in Relation to Other Committee Business Chapter 1 Definitions and application of Chapters 2 and 3 76. Definitions — Part 7. 77. Application of Chapters 2 and 3. Chapter 2 Privileges and immunities, etc. 78. Privileges and immunities of witnesses. 79. Guidelines relating to procedures of other committee business. 80. Other persons identified in evidence. 81. Evidence given or sent to committee not admissible in certain proceedings. 82. Offences — Chapter 2. Chapter 3 Directions that may be given by committee conducting other committee business and related matters 83. Powers of committee to obtain evidence. 84. Scope of section 83. 85. Relevant evidence. 86. Exemption of certain evidence, etc., from section 83. 87. Declarations in relation to directions. 88. Provisions supplementary to section 83. 89. Saver and restriction of Official Secrets Act 1963. 90. Offences — Chapter 3. Chapter 4 Oireachtas Commission may pay expenses of witnesses, etc. 91. Oireachtas Commission may pay reasonable expenses of witnesses, etc. PART 8 Privilege and Immunity of Committees and Members of Houses and Restriction of Evidence of Certain Persons 92. Privilege and immunity of committees, etc. 93. Restriction on evidence, etc., of certain persons. PART 9 Applications to High Court in Relation to Relevant Proceedings, etc. 94. Application to Court for directions on matter relating to relevant proceedings. 95. Provisions that apply where committee resolves that publication of relevant report could prejudice criminal proceedings, etc. 96. Court’s role in award of third party legal costs, etc., under sections 48, 55, 57 and 58. 97. Court may set aside section 50 or 59. 98. Reference to Court concerning Part 2 inquiry legal costs or private bill legal costs. 99. Application to Court where person fails to comply with direction under section 67(1) or 83(1). 100. Appeal to Court against certain direction under section 67(1) or 83(1). 101. Disapplication of section 94(5)(a) or (b), or 100(2)(b), to committee in certain circumstances. 102. Court’s discretion to hear certain matters otherwise than in public. 103. Provisions supplementary to sections 94 to 102. PART 10 Privilege in Relation to Private Papers and Confidential Communications 104. Interpretation — Part 10. 105. Protected communications of member. 106. Disclosure of communication. 107. Determining what constitutes private paper or confidential communication. 108. Guidelines. 109. Former or deceased member of House. 110. Disclosure of private paper by way of evidence. 111. Offences — Part 10. PART 11 Privilege in Relation to Official Documents 112. Interpretation — Part 11. 113. Directions relating to official documents. 114. Restriction on unauthorised access to official documents. 115. Disclosure of official document by way of evidence. 116. Offences — Part 11. PART 12 Evidence on Oath 117. Power to examine witnesses and administer oaths. 118. Power to require evidence on oath. 119. Offences — Part 12. PART 13 Laying of Documents 120. Definition of “statute”. 121. Procedure for laying documents. 122. Provision of minimum period in relation to laying of certain documents. PART 14 Miscellaneous 123. Offences by bodies corporate. 124. Proceedings in Court, etc. 125. Prosecutions. 126. Legal proceedings not to fall on discontinuation of inquiry, etc. 127. Restriction of Freedom of Information Acts 1997 and 2003. 128. Amendment of Witnesses (Public Inquiries) Protection Act 1892. 129. Amendment of section 21 of Companies Act 1990. 130. Amendment of section 46 of Freedom of Information Act 1997. 131. Amendment of section 13 of Child Trafficking and Pornography Act 1998. 132. Amendment of section 17 of Defamation Act 2009. 133. Offences — Part 14. SCHEDULE Repeals Acts Referred to Bill of Rights 1688 1688 (1 Will. & Mary sess. 2) c. 2 Broadcasting Act 2009 2009, No. 18 Child Trafficking and Pornography Act 1998 1998, No. 22 Civil Service Regulation Act 1956 1956, No. 46 Commissions of Investigation Act 2004 2004, No. 23 Committee of Public Accounts of Dáil Éireann (Privilege and Procedure) Act 1970 1970, No. 22 Committees of the Houses of the Oireachtas (Compellability, Privileges and Immunities of Witnesses) Act 1997 1997, No. 17 Committees of the Houses of the Oireachtas (Compellability, Privileges and Immunities of Witnesses) (Amendment) Act 2004 2004, No. 16 Committees of the Houses of the Oireachtas (Privilege and Procedure) Act 1976 1976, No. 10 Companies Act 1963 1963, No. 33 Companies Act 1990 1990, No. 33 Companies Acts Comptroller and Auditor General and Committees of the Houses of the Oireachtas (Special Provisions) Act 1998 1998, No. 47 Court Officers Act 1926 1926, No. 27 Courts of Justice (District Court) Act 1946 1946, No. 21 Courts of Justice Act 1924 1924, No. 10 Defamation Act 2009 2009, No. 31 Defence Act 1954 1954, No. 18 Ethics in Public Office Act 1995 1995, No. 22 Freedom of Information Act 1997 1997, No. 13 Freedom of Information Acts 1997 and 2003 Garda Síochána Act 2005 2005, No. 20 House of Commons Costs Taxation Act 1847 1847 (10 & 11 Vict.) c. 69 House of Commons Costs Taxation Act 1879 1879 (42 & 43 Vict.) c. 17 House of Lords Costs Taxation Act 1849 1849 (12 & 13 Vict.) c. 78 Houses of the Oireachtas (Laying of Documents) Act 1966 1966, No. 10 Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993 1993, No. 10 Local Government Act 2001 2001, No. 37 Official Languages Act 2003 2003, No. 32 Official Secrets Act 1963 1963, No. 1 Oireachtas Witnesses Oaths Act 1924 1924, No. 53 Ombudsman Act 1980 1980, No. 26 Parliamentary Attendance Act 1514 1514 (6 Hen. 8) c. 16 Parliamentary Costs Act 1865 1865 (28 & 29 Vict.) c. 27 Parliamentary Costs Act 1867 1867 (30 & 31 Vict.) c. 136 Parliamentary Costs Act 1871 1871 (34 & 35 Vict.) c. 3 Parliamentary Privilege Act 1471 1471-72 (11 & 12 Edw. 4) c. 80 [P.R.O. vol. 3] Parliamentary Privilege Act 1512 1512 (4 Hen. 8) c. 8 Parliamentary Privilege Act 1603 1603 (1 Jas. 1) c. 13 Parliamentary Privilege Act 1737 1737 (11 Geo. 2) c. 24 Parliamentary Privilege Act 1770 1770 (10 Geo. 3) c. 50 Parliamentary Witnesses Act 1858 1858 (21 & 22 Vict.) c. 78 Parliamentary Witnesses Oaths Act 1871 1871 (34 & 35 Vict.) c. 83 Private Bill Costs Act 1924 1924, No. 52 Public Service Management Act 1997 1997, No. 27 Select Committee on Legislation and Security of Dáil Éireann (Privilege and Immunity) Act 1994 1994, No. 32 Statute Law Revision Act 2007 2007, No. 28 Statute Law Revision Act 2009 2009, No. 46 Statute Law Revision Act 2012 2012, No. 19 Taxes Consolidation Act 1997 1997, No. 39 Tribunals of Inquiry (Evidence) Acts 1921 to 2011 Witnesses (Public Inquiries) Protection Act 1892 1892 (55 & 56 Vict.) c. 64 Number 33 of 2013 HOUSES OF THE OIREACHTAS (INQUIRIES, PRIVILEGES AND PROCEDURES) ACT 2013 AN ACT TO PROVIDE FOR THE EXERCISE BY EITHER HOUSE OR BOTH HOUSES OF THE OIREACHTAS (OR BY A COMMITTEE OF EITHER HOUSE OR BOTH HOUSES) OF A POWER TO CONDUCT AN INQUIRY INTO SPECIFIED MATTERS, TO PROVIDE FOR MATTERS RELATING TO COMPELLABILITY, PRIVILEGE AND PROCEDURE IN THE HOUSES (AND IN COMMITTEES OF EITHER HOUSE OR BOTH HOUSES), AND TO PROVIDE FOR RELATED MATTERS. [24th July, 2013] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: PART 1 Preliminary and General Short title and commencement. 1.— (1) This Act may be cited as the Houses of the Oireachtas (Inquiries, Privileges and Procedures) Act 2013. (2) Subject to subsection (3), this Act shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision, and different days may be so appointed for different purposes and different provisions. (3) Where the Minister proposes to make an order under subsection (2)— (a) he or she shall cause a draft of the proposed order to be laid before each House, and (b) he or she shall not make the order unless and until a resolution approving of the draft has been passed by each House. Interpretation — general. 2.— (1) In this Act— “chairman”, in relation to a committee, includes any committee member for the time being acting as the chairman of the committee pursuant to section 21 (6); “ civil servant ” means a civil servant within the meaning of the Civil Service Regulation Act 1956 ; “ commission ” means a commission established under the Commissions of Investigation Act 2004 ; “ committee ” means either House sitting as a committee, a committee appointed by either House or a joint committee, and includes a sub-committee of any such committee and, in relation to relevant proceedings, means the committee conducting the proceedings; “ committee member ”, in relation to a committee, means a member of the committee; “ Committee of Public Accounts ” means the committee of Dáil Éireann established under the rules and standing orders of Dáil Éireann to examine and report to Dáil Éireann on the appropriation accounts and reports of the Comptroller and Auditor General; “ control ”, in relation to a document, includes the ability to procure the document; “ controlled company or body ” means a company or body under the control, within the meaning of section 11 of the Taxes Consolidation Act 1997 , of— (a) a company to which paragraph (a) of the definition of “relevant body” applies, (b) a subsidiary to which paragraph (b) of that definition applies, (c) a body to which paragraph (c) of that definition applies, or (d) a public service body to which paragraph (d) or (e) of the definition of “public body” applies; “Court” means High Court; “document” includes— (a) a book, record or other written or printed material in any form (including in any electronic device), (b) a map, plan or drawing, (c) a disc, tape or other mechanical or electronic device in which data other than visual images are embodied so as to be capable, with or without the aid of some other mechanical or electronic equipment, of being reproduced from the disc, tape or other device, (d) a film, disc, tape or other mechanical or electronic device in which visual images are embodied so as to be capable, with or without the aid of some other mechanical or electronic equipment, of being reproduced from the film, disc, tape or other device, and (e) a copy of any thing which falls within paragraph (a), (b), (c) or (d); “electronic device” includes any device which uses any electrical, digital, magnetic, optical, electromagnetic, biometric or photonic means, or other forms of related technology, or any combination thereof, to store or transmit data, or both store and transmit data; “enactment” means an Act or statutory instrument or any portion of an Act or statutory instrument; “evidence”, in relation to relevant proceedings, includes any expression, whether oral, written or otherwise, of an opinion, belief or intention given in respect of the proceedings; “final report”, in relation to a Part 2 inquiry, means the final report under section 33 (1) of the committee in respect of the matter the subject of the inquiry (and includes any evidence omitted from the printed version of the final report pursuant to section 33 (4)); “give”, in relation to a document, includes send or produce the document; “House” means a House of the Oireachtas and, in relation to a committee (other than a House sitting as a committee), means— (a) subject to paragraph (b), the House of the Oireachtas which appointed the committee, and (b) if the committee is a joint committee, both Houses of the Oireachtas; “interim report”, in relation to a Part 2 inquiry, means an interim report under section 34 (1) of the committee in respect of the matter the subject of the inquiry (and includes any evidence omitted from the printed version of the interim report pursuant to section 33 (4) as read with section 34 (2)); “joint committee” means— (a) a committee appointed by both Houses in identical terms, or (b) a committee appointed by a House joined together with another committee appointed by the other House; “legal practitioner” means a person who is a practising barrister or practising solicitor and a reference to a solicitor includes a reference to a firm of solicitors; “Minister” means Minister for Public Expenditure and Reform; “Oireachtas Commission” means Houses of the Oireachtas Commission; “other committee business” means any business, other than a Part 2 inquiry, conducted or to be conducted by a committee; “ parliamentary legal costs adjudicator ” has the meaning assigned to it by section 42 ; “ Part 2 inquiry” means a section 7 inquiry, section 8 inquiry, section 9 inquiry, section 10 inquiry, section 11 inquiry or section 16 inquiry conducted or to be conducted by a committee; “public body” means— (a) a Department of State, (b) the Garda Síochána, (c) the Permanent Defence Force within the meaning of the Defence Act 1954 , (d) a local authority within the meaning of the Local Government Act 2001 , (e) a body established by or under any enactment or charter other than the Companies Acts, or (f) a relevant body specified by the Minister, in regulations made under subsection (8), as a relevant body which falls within this paragraph; “publish”, in relation to a statement, utterance, allegation or document, means publish to the public or a section of the public; “relevant body” means— (a) a company established under the Companies Acts, a majority of the shares of which are held— (i) by or on behalf of a Minister of the Government, or (ii) by directors appointed by a Minister of the Government, (b) a subsidiary, within the meaning of section 155 of the Companies Act 1963 , of a company to which paragraph (a) applies, (c) a body funded, wholly or partly, out of moneys— (i) provided by the Oireachtas, or (ii) from the Central Fund or the growing produce thereof, or (d) a controlled company or body specified by the Minister, in regulations made under subsection (9), as a controlled company or body which falls within this paragraph; “relevant misbehaviour”, in relation to the committee conducting a Part 2 inquiry, means a finding of fact by the committee which falls within any of paragraphs (a) to (h) of section 14 ; “relevant proceedings” means— (a) a Part 2 inquiry, or (b) other committee business; “relevant report”, in relation to a Part 2 inquiry, means an interim report or the final report; “rules and standing orders” means the rules and standing orders for the time being in force of either House relative to public business made by each House pursuant to Article 15.10 of the Constitution; “ section 7 inquiry” means an inquiry referred to in section 7 (1); “ section 8 inquiry” means an inquiry referred to in section 8 (1); “ section 9 inquiry” means an inquiry referred to in section 9 (1); “ section 10 inquiry” means an inquiry referred to in section 10 (1); “ section 11 inquiry” means an inquiry referred to in section 11 (1); “ section 16 inquiry” means an investigation referred to in section 16 (1)(a); “termination”, in relation to a Part 2 inquiry, includes the termination of the inquiry effected by the House dissolving the committee; “terms of reference”, in relation to a Part 2 inquiry which is not a section 16 inquiry, means the terms of reference for the inquiry set under section 13 ; “tribunal” means a tribunal to which the Tribunals of Inquiry (Evidence) Acts 1921 to 2011 apply; “witness”, in relation to relevant proceedings, includes a prospective witness. (2) For the purposes of this Act, a document in the possession or control of a body corporate or an unincorporated body of any kind is considered, in the absence of evidence to the contrary, to be also in the possession or control of any individual who, because of his or her functions or position within the body corporate or the unincorporated body, as the case may be, can reasonably be expected to have possession or control of the document. (3) Nothing in this Act shall be construed to prevent a person (including the committee) who is entitled under this Act to question a witness in the course of the proceedings of a Part 2 inquiry to so question the witness directly or through the person’s legal practitioner (if any). (4)(a) A consent given under this Act by the House to a committee (other than a House sitting as a committee) may be given subject to such conditions and directions as are specified by the House at the time the consent is given. (b) A consent given under this Act by a committee may be given subject to such conditions and directions as are specified by the committee at the time the consent is given. (5) A reference in this Act to a person (howsoever described) informing a committee of a matter, or otherwise giving notice to a committee of a matter, is satisfied when the chairman of the committee is so informed or given such notice, and is so satisfied whether or not the other committee members are so informed or given such notice at the same or at another time. (6) A reference in this Act to any matter the subject of relevant proceedings includes a reference to a person the subject of the proceedings. (7) A reference in this Act to disclosing or publishing a document (howsoever described) includes a reference to disclosing or publishing, as the case may be, part of the document or all or part of the content of the document. (8) The Minister may make regulations specifying that a relevant body is a relevant body which falls within paragraph (f) of the definition of “public body” in subsection (1). (9) The Minister may make regulations specifying that a controlled company or body is a controlled company or body which falls within paragraph (d) of the definition of “relevant body” in subsection (1). (10) Nothing in this Act shall be construed to prejudice the power of each House to make rules and standing orders consistent with this Act. (11) In so far as is practicable, rules and standing orders shall be construed in a manner consistent with this Act. Expenses. 3.— The expenses incurred in the administration of this Act shall be paid out of moneys provided by the Oireachtas. Laying of regulations. 4.— Every regulation made under this Act shall be laid before each House as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder. Repeals. 5.— The enactments specified in columns (1) and (2) of the Schedule are repealed to the extent specified in column (3) of the Schedule . PART 2 Types of Inquiries that may be Conducted Chapter 1 Section 7, section 8, section 9, section 10 and section 11 inquiries, etc. Application of Chapter 1. 6.— A reference in this Chapter to a Part 2 inquiry does not include a reference to a Part 2 inquiry which is a section 16 inquiry. Power of committee to conduct inquiry by way of recording evidence, etc. 7.— (1) Subject to sections 12 (1) and 13 (1), a committee may conduct an inquiry into any matter where, in respect of the matter, the inquiry consists only of— (a) recording evidence, (b) reporting the evidence, (c) subject to subsections (2) and (3), making findings of fact (if any), including of relevant misbehaviour, and (d) subject to subsection (3), making recommendations (if any) arising from one or both of the following: (i) those findings of fact; (ii) findings of fact made by another committee in conducting another Part 2 inquiry if the terms of reference for that other Part 2 inquiry expressly state that its findings of fact may be used in other Part 2 inquiries. (2) Subject to subsection (5), the committee, in exercise of the power to conduct a section 7 inquiry, shall not make any findings of fact except as to facts that are not contradicted by any witness or other person giving evidence in the course of— (a) the proceedings of the inquiry, or (b) the proceedings, of which the committee is aware, of a court, tribunal or commission. (3) The committee shall not have the power referred to in paragraph (c) or (d)(i) or (ii) of subsection (1) unless the terms of reference for the section 7 inquiry expressly state that the committee has that power. (4) Subject to section 66 , the committee shall not have the power to send for persons, papers or records unless— (a) that power has been conferred upon it pursuant to the applicable rules and standing orders, and (b) the resolution under section 13 (1) for the section 7 inquiry specifies that that power has been or will be conferred upon the committee. (5) Subsection (2) shall not apply to a finding of fact which is relevant misbehaviour. Power of committee to conduct inquiry into legislative functions of either House or both Houses. 8.— (1) Subject to sections 12 (1) and 13 (1), a committee may conduct an inquiry relating to the exercise of one or more than one of the legislative functions of the House or, if the committee is a joint committee, both Houses, including whether there is a need for new legislation. (2) The committee, in exercise of the power to conduct a section 8 inquiry, may— (a) record evidence, (b) report the evidence, (c) subject to subsection (3), make findings of fact (if any), including of relevant misbehaviour, and (d) subject to subsection (3), make recommendations (if any) arising from one or both of the following: (i) those findings of fact (including a recommendation calling for the exercise, or the modification or restraint of the exercise, of any one or more of the legislative functions referred to in subsection (1) the subject of the inquiry); (ii) findings of fact made by another committee in conducting another Part 2 inquiry if the terms of reference for that other Part 2 inquiry expressly state that its findings of fact may be used in other Part 2 inquiries. (3) The committee shall not have the power referred to in paragraph (c) or (d)(i) or (ii) of subsection (2) unless the terms of reference for the section 8 inquiry expressly state that the committee has that power. (4) Subject to section 66 , the committee shall not have the power to send for persons, papers or records unless— (a) that power has been conferred upon it pursuant to the applicable rules and standing orders, and (b) the resolution under section 13 (1) for the section 8 inquiry specifies that that power has been or will be conferred upon the committee. Power of committee to conduct inquiry into removal, etc., of certain officeholders. 9.— (1) Subject to sections 12 (1) and 13 (1), a committee may conduct an inquiry into the removal or proposed removal of an officeholder (howsoever described) pursuant to a relevant provision. (2) The committee, in exercise of the power to conduct a section 9 inquiry, may— (a) record evidence, (b) report the evidence, (c) subject to subsection (4), make findings of fact (if any), including findings of fact that directly impugn the good name of the officeholder to whom the inquiry relates or of relevant misbehaviour, and (d) subject to subsection (4), make recommendations (if any) arising from one or both of the following: (i) those findings of fact; (ii) findings of fact made by another committee in conducting another Part 2 inquiry if the terms of reference for that other Part 2 inquiry expressly state that its findings of fact may be used in other Part 2 inquiries. (3) Nothing in this section shall require a section 9 inquiry to be conducted before a resolution referred to in a relevant provision has been passed in circumstances where no breach of fair procedures would be occasioned by not conducting the inquiry. (4) The committee shall not have the power referred to in paragraph (c) or (d)(i) or (ii) of subsection (2) unless the terms of reference for the section 9 inquiry expressly state that the committee has that power. (5) Subject to section 66 , the committee shall not have the power to send for persons, papers or records unless— (a) that power has been conferred upon it pursuant to the applicable rules and standing orders, and (b) the resolution under section 13 (1) for the section 9 inquiry specifies that that power has been or will be conferred upon the committee. (6) In this section “relevant provision” means— (a) Article 33.5 of the Constitution, (b) Article 35 of the Constitution, (c) section 39 of the Courts of Justice Act 1924 , section 20 of the Courts of Justice (District Court) Act 1946 or any other enactment relating to the removal of a judge in his or her capacity as a judge, (d) section 2 (3)(b) of the Ombudsman Act 1980 , (e) section 9 (2)(f) of the Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993 , (f) section 21 of the Ethics in Public Office Act 1995 , (g) paragraph 2(b) of the Second Schedule to the Freedom of Information Act 1997 , (h) paragraph 2(b) of the Second Schedule to the Official Languages Act 2003 , (i) section 68 (2) of the Garda Síochána Act 2005 , (j) section 10 (5) or 84 (5) of the Broadcasting Act 2009 , or (k) any other enactment relating to the removal of an officeholder and which requires a resolution of either House or both Houses for such removal, whether or not the officeholder concerned may also be removed from office by virtue of a provision referred to in any of paragraphs (a) to (j). Power of committee to conduct inquiry into conduct of member of House. 10.— (1) Subject to sections 12 (1) and 13 (1), a committee may conduct an inquiry into the conduct of a member of the House (including a member who may be removed from his or her office as such member pursuant to a relevant provision within the meaning of section 9 (6)) in his or her capacity as such member. (2) The committee, in exercise of the power to conduct a section 10 inquiry, may— (a) record evidence, (b) report the evidence, (c) subject to subsection (3), make findings of fact (if any), including findings of fact that directly impugn the good name of the member of the House to whom the inquiry relates or of relevant misbehaviour, and (d) subject to subsection (3), make recommendations (if any) arising from one or both of the following: (i) those findings of fact; (ii) findings of fact made by another committee in conducting another Part 2 inquiry if the terms of reference for that other Part 2 inquiry expressly state that its findings of fact may be used in other Part 2 inquiries. (3) The committee shall not have the power referred to in paragraph (c) or (d)(i) or (ii) of subsection (2) unless the terms of reference for the section 10 inquiry expressly state that the committee has that power. (4) Subject to section 66 , the committee shall not have the power to send for persons, papers or records unless— (a) that power has been conferred upon it pursuant to the applicable rules and standing orders, and (b) the resolution under section 13 (1) for the section 10 inquiry specifies that that power has been or will be conferred upon the committee. (5) The committee shall not conduct a section 10 inquiry, or continue to conduct a section 10 inquiry, into the conduct of a member of the House in his or her capacity as such member if such conduct— (a) is the subject of a complaint under section 8 of the Ethics in Public Office Act 1995 , or (b) is the subject of an investigation under section 9 of that Act. Power of committee to conduct inquiry into conduct of certain officeholders, etc. 11.— (1) Subject to sections 12 (1) and 13 (1), a committee of Dáil Éireann may conduct an inquiry into any matter relevant to— (a) holding the Government to account under subsection 1° of Article 28.4 of the Constitution, or (b) holding to account a person who is liable to being held to account by Dáil Éireann by virtue of— (i) the terms of a contract entered into by the person, or (ii) the terms of a statutory appointment held by the person. (2) The committee, in exercise of the power to conduct a section 11 inquiry, may— (a) record evidence, (b) report the evidence, (c) subject to subsection (5), make findings of fact (if any), including— (i) findings of fact that directly impugn the good name of— (I) an officeholder (or former officeholder) of the Government in his or her capacity (or former capacity) as such officeholder, (II) the chief executive officer (or equivalent, by whatever name called) of a public body that is subject to scrutiny by the Committee of Public Accounts, (III) the Secretary General (or equivalent, by whatever name called) of a Department of State or an office or branch of the public service specified in column 1 of Part I, or in Part II, of the Schedule to the Public Service Management Act 1997 , or (IV) a person referred to in subsection (1)(b), and (ii) of relevant misbehaviour, and (d) subject to subsection (5), make recommendations (if any) arising from one or both of the following: (i) those findings of fact; (ii) findings of fact made by another committee in conducting another Part 2 inquiry if the terms of reference for that other Part 2 inquiry expressly state that its findings of fact may be used in other Part 2 inquiries. (3) Subject to subsection (4), the committee, in exercise of the power to conduct a section 11 inquiry, may, in addition to inquiring into the conduct of a person who falls within any of clauses (I) to (IV) of subsection (2)(c)(i), also inquire into the conduct of— (a) a civil servant (or former civil servant) in his or her capacity (or former capacity) as such civil servant, (b) an official (or former official) of a public body referred to in subsection (2)(c)(i)(II) in his or her capacity (or former capacity) as such official, or (c) other persons who acted on behalf of, or under the direction or control of, any officeholder who is the subject of the inquiry or on behalf of, or under the direction or control of, a civil servant (or former civil servant) or official (or former official) referred to in paragraph (a) or (b). (4) Without prejudice to the generality of section 17 (1) and (2), subsection (3) shall not entitle the committee to make findings of fact that directly impugn the good name of a person whose conduct may be inquired into by virtue of that subsection unless that person falls within any of clauses (I) to (IV) of subsection (2)(c)(i). (5) The committee shall not have the power referred to in paragraph (c) or (d)(i) or (ii) of subsection (2) unless the terms of reference for the section 11 inquiry expressly state that the committee has that power. (6) Subject to section 66 , the committee shall not have the power to send for persons, papers or records unless— (a) that power has been conferred upon it pursuant to the applicable rules and standing orders, and (b) the resolution under section 13 (1) for the section 11 inquiry specifies that that power has been or will be conferred upon the committee. Proposal by committee to conduct Part 2 inquiry. 12.— (1) Subject to subsection (3), a committee which proposes to conduct a Part 2 inquiry shall, in accordance with the rules and standing orders made by the House pursuant to subsection (2), give a notice in writing of the proposal for the inquiry (in this section referred to as the “relevant proposal”) to an individual or committee designated for the purposes of this subsection by those rules and standing orders. (2) Each House shall make rules and standing orders in relation to designating a person (in this section referred to as the “designated person”) for the purposes of subsection (1) and may make rules and standing orders in relation to any of the following: (a) specifying the matters to be contained in the relevant proposal; (b) requiring the designated person to examine the relevant proposal and prepare a report on the relevant proposal (in this section referred to as the “relevant report”); (c) specifying the matters to be contained in the relevant report; (d) specifying the procedures to be applied in the preparation of the relevant report; (e) requiring a person (which may be the designated person) to consider the relevant report and make recommendations to the House in respect of such matters relating to the relevant report as are specified in the rules and standing orders, including, in particular, whether the proposed Part 2 inquiry the subject of the report should be held and, if so, by which committee and in what manner; (f) making such other provision for the purposes of this section as the House considers appropriate. (3) The House shall make the rules and standing orders referred to in subsection (1) not later than 50 sitting days after the commencement of this section. (4) The House to which the relevant report (if any) is given shall consider the report and the recommendations (if any) referred to in subsection (2)(e) before it passes or declines to pass a resolution referred to in section 13 (1) in respect of the proposed Part 2 inquiry the subject of the report. Setting of terms of reference for Part 2 inquiry. 13.— (1) A committee shall not conduct a Part 2 inquiry unless— (a) subject to subsection (3), the House has, in accordance with the rules and standing orders made by the House pursuant to subsection (2), passed a resolution in respect of the inquiry (in this section referred to as the “terms of reference resolution”) specifying— (i) whether the inquiry is a section 7 inquiry, section 8 inquiry, section 9 inquiry, section 10 inquiry or section 11 inquiry, (ii) subject to section 66 , whether the committee has or will have the power to send for persons, papers or records pursuant to the applicable rules and standing orders, and (iii) such other matters as are set out in those rules and standing orders in so far as they relate to the terms of reference resolution, and (b) if the committee is a joint committee, the terms of reference resolution passed by each House are in identical terms. (2) Each House may make rules and standing orders in relation to any of the following: (a) without prejudice to the generality of section 12 (2), specifying the matters to be considered by the House concerned prior to passing or declining to pass the terms of reference resolution, including the likelihood, if the resolution is passed, of the Part 2 inquiry the subject of the resolution prejudicing any criminal proceedings that are pending or in progress in the State or any criminal investigation that is currently being conducted in the State; (b) setting out matters to be specified in the terms of reference resolution for the purpose of describing the scope of the Part 2 inquiry the subject of the resolution as precisely as is practicable; (c) specifying other matters that it considers are appropriate to be contained in the terms of reference resolution; (d) making such other provision for the purposes of this section as the House considers appropriate. (3) The House shall make rules and standing orders referred to in subsection (1)(a) not later than 50 sitting days after the commencement of this section. Finding of failure to co-operate with Part 2 inquiry. 14.— The committee conducting a Part 2 inquiry may make a finding of fact that a named person (including any officeholder) has failed to fully co-operate with the inquiry by— (a) failing to attend the inquiry as a witness when required under this Act to do so by the committee, (b) attending the inquiry as a witness but refusing to answer a question (not being a question that the witness is entitled by law to refuse to answer) put to him or her by the committee, (c) failing to give to the inquiry a document within his or her possession or control (not being a document that the person is entitled by law to withhold from the inquiry) when required under this Act to do so by the committee, (d) giving evidence or a document to the inquiry that is false or misleading in a material particular, (e) destroying, or attempting to destroy, evidence, (f) influencing, or attempting to influence, witnesses, (g) interfering with, or attempting to interfere with, witnesses, or (h) otherwise obstructing or interfering with the inquiry in an unlawful manner. Chapter 2 Section 16 inquiry Application of section 16 . 15.— Section 16 applies when— (a) a notice of motion referred to in Article 12.10.3 of the Constitution has been signed subject to and in accordance with the provisions of that Article, (b) a resolution referred to in Article 12.10.4 of the Constitution has been supported subject to and in accordance with the provisions of that Article, and (c) a charge under Article 12.10 of the Constitution has been preferred subject to and in accordance with the provisions of that Article. Committee may conduct investigation into charge under Article 12.10 of Constitution. 16.— (1) (a) Subject to paragraph (b) and subsection (4), when this section applies, a committee may investigate the charge under Article 12.10 of the Constitution by virtue of which this section applies. (b) The other provisions of this Act shall, with all necessary modifications, apply to a section 16 inquiry in a manner consistent with and in adherence to Article 12.10 of the Constitution. (2) The committee, in exercise of the power to conduct a section 16 inquiry, may— (a) record evidence, (b) report the evidence, and (c) make findings of fact (if any) of misbehaviour referred to in Article 12.10 of the Constitution. (3) Subject to section 66 , the committee shall not have the power to send for persons, papers or records unless that power has been conferred upon it pursuant to the applicable rules and standing orders. (4)(a) Where the charge under Article 12.10 of the Constitution has been preferred by Dáil Éireann, the committee conducting the section 16 inquiry shall be Seanad Éireann or a committee appointed by Seanad Éireann. (b) Where the charge under Article 12.10 of the Constitution has been preferred by Seanad Éireann, the committee conducting the section 16 inquiry shall be Dáil Éireann or a committee appointed by Dáil Éireann. PART 3 Part 2 Inquiries to Observe Fair Procedures Findings of fact not to directly impugn person’s good name other than certain persons. 17.— (1) A reference in this Act (howsoever expressed) to the impugnment of the good name of a person in connection with a Part 2 inquiry is a reference to a finding of fact by the committee that directly impugns the good name only of a person against whom the committee may— (a) if the inquiry is a section 7 inquiry, make such a finding pursuant to the relevant provisions of section 7 , (b) if the inquiry is a section 8 inquiry, make such a finding pursuant to the relevant provisions of section 8 , (c) if the inquiry is a section 9 inquiry, make such a finding pursuant to the relevant provisions of section 9 , (d) if the inquiry is a section 10 inquiry, make such a finding pursuant to the relevant provisions of section 10 , (e) if the inquiry is a section 11 inquiry, make such a finding pursuant to the relevant provisions of section 11 , and (f) if the inquiry is a section 16 inquiry, make such a finding pursuant to the relevant provisions of section 16 . (2) Subject to subsection (3), the committee shall not— (a) make findings which directly impugn the good name of a person other than in accordance with the provisions of this Act as read with subsection (1), or (b) make findings of civil or criminal liability. (3) The committee may— (a) make a finding that any matter relating to systems, practices, procedures or policy or arrangements for the implementation of policy which fall within the subject of the Part 2 inquiry ought to have been carried out in a different manner, (b) make recommendations in relation to a matter referred to in paragraph (a), or (c) subject to subsection (4), make a finding of relevant misbehaviour. (4) Where a finding of fact of the committee is of relevant misbehaviour, the committee shall, in the finding of fact— (a) give particulars of the matter occasioning that finding of fact, and (b) give an assessment of the prejudice (if any) caused to the Part 2 inquiry by that matter. Privileges and immunities of witnesses. 18.— (1) (a) Subject to subsections (2) and (3) and section 94 (where paragraph (a) of subsection (6) of that section applies), a person whose evidence has been, is being or is to be given before a Part 2 inquiry, or who gives a document to the inquiry, whether voluntarily or pursuant to a direction under this Act— (i) has the same immunities and privileges in respect of that evidence or document, and (ii) is, in addition to the penalties provided by this Act, subject to the same liabilities, as a witness to proceedings in the Court. (b) Subject to subsections (2) and (3) and section 94 (where paragraph (a) of subsection (6) of that section applies), a person who is directed under this Act to give evidence or a document to a Part 2 inquiry or to attend before the inquiry and there to give evidence or a document— (i) has the same immunities and privileges in respect of that evidence or document, and (ii) is, in addition to the penalties provided by this Act, subject to the same liabilities, as a witness to proceedings in the Court. (2) subsection (1) shall not entitle a person to refuse to answer a question or furnish a document on the grounds that it would incriminate the person or any other person. (3) Where a witness (not being a member of either House) who is giving evidence to a Part 2 inquiry in relation to a particular matter is directed by the chairman of the committee to cease giving such evidence, the witness shall be entitled only to qualified privilege in relation to defamation in respect of any evidence given after the giving of the direction unless and until the chairman withdraws the direction. (4) Where it is determined that the privilege relied on as grounds for refusing to give a document applies to part only of the information in a document, the person directed to give the document shall cause to be prepared a redacted version, or a summary version, or both, as directed by the committee, of the document that excludes that privileged information, but only if— (a) the document so allows, and (b) in the committee’s opinion, it is in the best interests of the Part 2 inquiry and of fair procedures to do so. (5) Where a person causes a redacted version, or a summary version, or both, of a document to be prepared in accordance with this section, the redacted version, or the summary version, or both, as the case requires, forms part of the evidence received by the Part 2 inquiry. Guidelines relating to procedures of Part 2 inquiry. 19.— (1) Subject to subsection (2), the section 19 committee may issue guidelines under this section, not inconsistent with this Act, relating to the procedures of Part 2 inquiries. (2) For the purposes of the considerations to be taken into account in promoting the objectives of fair procedures and the efficient and cost-effective running of Part 2 inquiries, guidelines under this section may include guidelines relating to— (a) procedures applicable to witnesses, (b) any distinctions which may be drawn between procedures applicable to all witnesses and those against whom allegations are made, (c) the circumstances in which evidence in writing rather than oral evidence may be appropriate, (d) protocols for committees (including committee members) or a class of committees (including a class of committee members) in their dealings with the media both immediately before the commencement of, during the course of, and after the termination of, Part 2 inquiries, (e) protocols for the chairmen of committees or a class of such chairmen in their dealings with witnesses and other committee members, (f) the information to be provided to witnesses, including matters relating to non-cooperation with the inquiry and offences under this Act, or (g) to the extent practicable, achieving a balance between committee members as regards their respective political affiliations. (3) Guidelines issued under this section shall not prejudice the generality of any rules and standing orders. (4) In this section— “ procedures ” includes conduct; “ section 19 committee” means the committee designated by the rules and standing orders of the House as the committee which may issue guidelines under this section. Power of chairman of committee to give directions, etc. 20.— (1) The chairman of the committee shall be entitled to give such directions as he or she considers appropriate to avoid a contravention of this Act from occurring in the conduct of the Part 2 inquiry. (2) Without prejudice to the generality of subsection (1) or section 23 (1), directions under subsection (1) may include— (a) a direction to a witness to cease giving evidence or, after such cesser, to start giving evidence again, or (b) a direction to a committee member to cease particular questioning. (3) Without prejudice to any other action that may be taken in respect of a breach of privilege by a committee member during the course of the conduct of the Part 2 inquiry, the House may by resolution remove a committee member from the committee— (a) for contravening a direction given to him or her pursuant to subsection (2)(b), or (b) in the event of it being established, in accordance with the rules and standing orders of the House, that the member has, otherwise than by virtue of a contravention referred to in paragraph (a), contravened a requirement of this Act applicable to the inquiry. (4) The House may by resolution remove a committee member from, or add a member of the House to, the committee in accordance with the rules and standing orders of the House. (5) A member who has been added to the committee after the committee has started conducting the Part 2 inquiry shall have regard to— (a) each interim report (if any) of the committee made by the committee before he or she became a committee member, and (b) evidence received by the committee before he or she became a committee member. (6) The removal of a committee member shall not for that reason alone invalidate the proceedings of the Part 2 inquiry up to the point of such removal and the inquiry may continue to be conducted without the former committee member. (7) A failure by a person to comply with a direction given under this section shall not of itself prejudice the further conduct of the Part 2 inquiry. Member not to be committee member where perception of bias might arise. 21.— (1) A member of the House shall not be, or continue to be, a committee member if by reason of— (a) subject to subsection (8), his or her connection or dealings with any matter the subject of the Part 2 inquiry, (b) his or her utterances on the matter the subject of the inquiry, or (c) any other circumstances that the House considers relevant, a perception of bias might arise in a reasonable person aware of that connection, or those dealings, utterances or other relevant circumstances, as the case may be. (2) Where there is a doubt as to whether subsection (1) applies in the case of a member of the House, the House shall decide the matter as soon as is practicable. (3) A committee member shall recuse himself or herself from the Part 2 inquiry if, during the course of the conduct of the inquiry, by reason of— (a) his or her connection or dealings with any matter the subject of the inquiry, (b) his or her utterances on the matter the subject of the inquiry, or (c) any other circumstances that the House considers relevant, a perception of bias might arise in a reasonable person aware of that connection, or those dealings, utterances or other relevant circumstances, as the case may be. (4) Where a committee member fails to recuse himself or herself from the Part 2 inquiry pursuant to subsection (3), the member may be removed from the committee in accordance with the rules and standing orders of the House. (5) Where a committee member ceases to be a committee member by virtue of the operation of this section, the cesser shall not for that reason alone invalidate the proceedings of the Part 2 inquiry up to the point of such cesser and the inquiry may continue to be conducted without the former committee member. (6) Where a committee member who is the chairman of the committee is, for whatever reason, temporarily unable to perform the functions of the chairman, the other committee members shall select, from amongst their number, in such manner as they consider appropriate, a committee member to act as the chairman of the committee for the time being. (7) Where a committee member who is the chairman of the committee ceases to be a committee member by virtue of the operation of this section, or for any other reason, the House shall, by resolution, appoint a chairman from amongst the remaining committee members. (8) The fact that a member of the House has any connection or dealings with any matter that is the subject of the Part 2 inquiry shall not of itself mean that a perception of bias might arise in a reasonable person aware of that connection, or those dealings, as the case may be. Rights of witness to Part 2 inquiry, etc. 22.— (1) Subject to Part 5 , a witness to a Part 2 inquiry has the right to— (a) be accompanied by his or her legal practitioner while giving evidence, and (b) attend and be accompanied by his or her legal practitioner during— (i) any public session of the inquiry, or (ii) the giving of evidence by any other witness where, in the opinion of the chairman of the committee conducting the inquiry, that other witness is relevant to the first-mentioned witness. (2) An officeholder who is the subject of a section 9 inquiry has the right to attend any session of the inquiry where evidence is being given. Action to be taken where good name of person is directly impugned. 23.— (1) Where, during the course of the conduct of the Part 2 inquiry, the chairman of the committee is of the opinion that the good name of a person is being, or is likely to be, directly impugned, in contravention of a provision of this Act, by a witness or committee member, the chairman shall— (a) direct the witness or committee member, as the case may be— (i) to cease giving the evidence or making the utterance concerned, or (ii) to not give the evidence or make the utterance concerned, and (b) if paragraph (a)(i) applies, direct that the allegation constituting such impugnment shall not be published. (2) The privilege against defamation in relation to proceedings before the Part 2 inquiry shall not apply to a publication by a person (not being a member of a House) of an allegation referred to in subsection (1) made by a witness. Right to good name of person in respect of whom committee is entitled to make finding that directly impugns good name. 24.— (1) Where, during the course of the conduct of the Part 2 inquiry, the good name of a person is to be, or is likely to be, directly impugned by a witness, and the person is a person against whom the committee is entitled to make a finding directly impugning his or her good name, the person has the right to— (a) be given advance notice in writing of the evidence proposed to be given against him or her in so far as such evidence is reasonably ascertainable, (b) cross-examine the witness (or any other witness who is relevant to such impugnment) for the purpose of challenging the allegation, whether by his or her legal practitioner or otherwise, (c) give evidence to the inquiry to answer the allegation, (d) call witnesses to answer the allegation, (e) make a submission at the close of evidence, and (f) subject to subsection (2), request the committee— (i) to direct specified persons to attend before the inquiry to give evidence, and (ii) to procure, by direction, the giving of specified documents to the inquiry. (2) The committee may comply with a request under subsection (1)(f) made to it and shall do so if it considers that, having regard to the requirement to observe fair procedures, it is necessary or expedient to do so. Other persons identified in evidence. 25.— (1) Where, during the course of the conduct of the Part 2 inquiry, a person who is not present at the inquiry is referred to by name or in such other manner as to be capable of being identified, the committee shall, if, having regard to the requirement to observe fair procedures, it considers it appropriate to do so, cause a transcript of the relevant part of the proceedings to be given to the person. (2)(a) Where a person referred to in subsection (1) is of the opinion that a mistake of fact or misstatement (including a misstatement by the omission of necessary or relevant context) has been made affecting him or her, he or she may, within 14 days after being given the transcript concerned (or within such longer period (if any) as may be specified by the committee), give a statement of evidence in writing and give relevant documents to the committee. (b) The committee …