(3)during the 3 months referred to in paragraph (a), until they are finally certified.
\n
Provisions supplementary to sections 57 and 58.
\n
60.— (1) (a) An adjudication referred to in section 57
\n
(3)or 58
\n
(3)may only be made once a signed bill of costs has been delivered to the party to be charged with the costs and a certified true copy of that bill of costs has been given to the Oireachtas Commission. (b) The delivery of a bill of costs referred to in paragraph (a) may be effected by ordinary prepaid post or by delivery to the solicitor of the person or, if the person is not represented by a solicitor, by ordinary prepaid post to the person’s dwelling or place of employment.
\n
(2)In circumstances where due notice was given and the solicitor or other person, or his or her representative, fails to attend the adjudication, a parliamentary legal costs adjudicator may proceed to adjudicate on and settle the bill of costs.
\n
(3)Pending adjudication, any proceedings brought to recover the private bill legal costs shall be stayed until such costs have been certified under section 61 .
\n
(4)A parliamentary legal costs adjudicator shall, on completion of the assessment in accordance with the guidelines (if any) issued under section 56 , deliver to the parties an assessment of costs in writing.
\n
Certificate of costs.
\n
61.— (1) Following an assessment under section 60 where no question of law has been referred to the Court under section 98 or, if such a reference has been made, the reference has been withdrawn or abandoned or determined by the Court, on application by the party concerned, the Oireachtas Commission shall issue a certificate of costs.
\n
(2)The certificate of costs shall be treated for the purposes of any proceedings as evidence of— (a) the matters to which the private bill legal costs relate, (b) the amount of private bill legal costs allowed on the assessment, and (c) how much of that amount is, as at the date of the certificate, outstanding.
\n
(3)Where in proceedings to recover costs certified under this section, the respondent states, whether in writing or otherwise, that he or she is not liable to pay them (or part of them), the certificate of costs is to be treated for the purposes of any proceedings as evidence only of such amount (if any) as the claimant may recover from the respondent as a result of the first-mentioned proceedings.
\n
(4)At any time after the issue of a certificate of costs, the party entitled to an adjudicated bill of costs may demand the full certified amount thereof, from one or more persons liable to the payment.
\n
(5)Following a demand by a person under subsection (4) for payment of an adjudicated bill of costs, where no payment is made to the person, he or she may recover the same as a simple contract debt in any court of competent jurisdiction.
\n
(6)In the case of a certificate of costs requiring more than one person to be liable for a specified sum, any person from whom the amount of costs or sum certified under this section has been recovered or is to be recovered may claim from the other persons, or any of them, who are liable to the payment of such costs or sum certified a proportionate share thereof, according to the number of persons so liable, and according to the extent of the liability of each person.
\n
Chapter 5
\n
Miscellaneous Further application of Part 5.
\n
62.— The provisions of this Part and
\n
Part 9
\n
shall, with all necessary modifications, apply to the ascertainment, or the adjudication, or both, of any parliamentary costs (including costs arising under proceedings referred to in section 117
\n
(1)) which are not otherwise ascertained, or adjudicated, or both, pursuant to those provisions.
\n
Power of Oireachtas Commission to specify form of documents.
\n
63.— (1) The Oireachtas Commission may specify the form of documents required for the purposes of this Part as it thinks fit.
\n
(2)The Oireachtas Commission’s power under subsection (1) may be exercised in such a way as to— (a) include in the specified form of any document referred to in that subsection a statutory declaration— (i) to be made by the person completing the form, and (ii) as to whether the particulars contained in the form are true and correct to the best of that person’s knowledge and belief, and (b) specify 2 or more forms of any document referred to in that subsection, whether as alternatives, or to provide for particular circumstances or particular cases, as it thinks fit.
\n
(3)The form of a document specified under this section shall be— (a) completed in accordance with such directions and instructions as are specified in the document, (b) accompanied by such other documents as are specified in the document (which, in appropriate cases, may be a signed bill of costs or a certified copy of a signed bill of costs, or both, or documentary evidence referred to in guidelines issued under section 53 ), and (c) if the completed document is required to be provided to— (i) the Oireachtas Commission, (ii) another person on behalf of the Oireachtas Commission, or (iii) any other person, so provided in the manner (if any) specified in the document.
\n
Offences — Part 5.
\n
64.— (1) A person who— (a) on examination under oath under section 45 , or in any affidavit referred to in that section, gives evidence knowing the evidence to be false or misleading in a material particular or being reckless as to whether it is so false or misleading, or (b) knowingly gives a document referred to in that section which is false or misleading in a material particular or being reckless as to whether it is so false or misleading, is guilty of an offence.
\n
(2)A person guilty of an offence under subsection (1) is liable— (a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 6 months, or both, or (b) on conviction on indictment, to a fine not exceeding €500,000 or imprisonment for a term not exceeding 5 years, or both.
\n
PART 6
\n
Compellability, Privileges and Immunities in Relation to Part 2 Inquiries Definition of “direction”.
\n
65.— In this Part “direction” means a direction under section 67
\n
(1).
\n
Application of Part 6.
\n
66.— This Part applies only to a committee whilst it is conducting a
\n
Part 2
\n
inquiry and on which a power to send for persons, papers and records is conferred by the House and shall only so apply subject to the extent of the power so conferred and any conditions imposed by the House on its exercise.
\n
Powers of committee to obtain evidence.
\n
67.— (1) Subject to the provisions of this Act, a committee may— (a) direct in writing any person whose evidence is required by the committee to attend before the committee on a date and at a time and place specified in the direction and there to give evidence and any document in his or her possession or control specified in the direction, (b) direct in writing any person to give to the committee any document in his or her possession or control specified in the direction, (c) direct in writing any person to make discovery on oath of any documents that are or have been in that person’s possession or control relating to any matter relevant to the proceedings of the committee and to specify in the affidavit of documents concerned any documents mentioned therein which he or she objects to producing to the committee and the grounds for the objection, and the rules of court relating to the discovery of documents in proceedings in the Court shall apply in relation to the discovery of documents pursuant to this paragraph with any necessary modifications, (d) direct in writing a person to make a statement in writing on the matters on which that person is required to give evidence, and (e) give any other directions for the purpose of the proceedings concerned that appear to the committee to be just and reasonable.
\n
(2)Subject to the provisions of this Act, a committee may, with the consent in writing of the Oireachtas Commission, engage the services of a person with technical knowledge or expertise, being technical knowledge or expertise that is relevant to a function required to be performed by the committee, to assist it in performing that function.
\n
(3)The reasonable expenses of a person (not including legal costs) who, pursuant to a direction, attends before a committee, shall be paid out of moneys provided by the Oireachtas.
\n
(4)(a) A direction in writing shall be signed by— (i) the chairman of the committee concerned, (ii) another committee member duly authorised in that behalf by the chairman, or (iii) the clerk to the committee. (b) Any other direction shall be given by the chairman of the committee concerned.
\n
(5)Subject to sections 69 and 74 , subsection (1) shall not apply to— (a) the President or an officer of the President, (b) a judge of the Supreme Court, the High Court, the Circuit Court, the District Court or a Special Criminal Court, or (c) the Master of the High Court.
\n
(6)subsection (1) shall not apply to the Attorney General or an officer of the Attorney General except— (a) where the committee concerned is the Committee of Public Accounts, and (b) in so far as that subsection relates to evidence, or a document in his or her possession or control, concerning the general administration of the Office of the Attorney General.
\n
(7)subsection (1) shall not apply to the Director of Public Prosecutions or an officer of the Director of Public Prosecutions except— (a) where the committee concerned is the Committee of Public Accounts, and (b) in so far as the subsection relates to evidence, or a document in his or her possession or control, concerning— (i) the general administration of the Office of the Director of Public Prosecutions, or (ii) statistics relevant to a matter referred to in a report of and published by the Director of Public Prosecutions in relation to the activities generally of the Office of the Director of Public Prosecutions.
\n
(8)In this section— (a) a reference to the President, the Attorney General, the Director of Public Prosecutions or a judge of the Supreme Court, the High Court, the Circuit Court, the District Court or a Special Criminal Court or the Master of the High Court is a reference to a person who holds or held that office in his or her capacity as such holder, and (b) a reference to an officer, in relation to the President, the Attorney General or the Director of Public Prosecutions, is a reference to a person who is or was an officer of the President, the Attorney General or the Director of Public Prosecutions in his or her capacity as such an officer, and includes a reference to a person who provides or provided professional legal services to the President, the Attorney General or the Director of Public Prosecutions under a contract for services in his or her capacity as such a provider.
\n
Scope of section 67 .
\n
68.— (1) Subject to subsection (2) and section 67
\n
(5), (6) and (7), a direction may be given to, and any proceedings to enforce the direction may be served on or otherwise made upon— (a) any person in the State, (b) any Irish citizen outside the State, or (c) any person in an Irish registered vessel or aircraft or an Irish diplomatic mission outside the State.
\n
(2)Paragraphs (a) and (c) of subsection (1) shall not apply to a person who at the time concerned is entitled to diplomatic immunity in the State.
\n
Application of section 67 to members of judiciary, etc.
\n
69.—
\n
Section 67
\n
, in so far as it relates to a section 9 inquiry established for the purposes of, or in connection with, a matter arising under Article 35.4 of the Constitution or pursuant to section 39 of the Courts of Justice Act 1924 or section 20 of the Courts of Justice (District Court) Act 1946 , shall, notwithstanding subsection (5) of section 67 , apply to a person who falls within paragraph (b) or (c) of that subsection and to which person the matter relates.
\n
Relevant evidence.
\n
70.— (1) A committee shall not direct a person to give evidence or a document to it, or attend before it to give evidence or a document to it, that is not relevant to the proceedings of the committee.
\n
(2)Where a direction to which paragraph (a) or (b) of section 67
\n
(1)relates is given to a person and the person is of the opinion that evidence or a document to which the direction relates is not relevant to the proceedings of the committee concerned and so informs the committee, the committee, after considering the opinion, shall either withdraw or confirm the direction.
\n
(3)Subject to section 94 (where paragraph (c) of subsection (6) of that section applies), where the committee makes a decision under subsection (2), it shall give a notice in writing of the decision to the person to whom the direction concerned was given.
\n
Exemption of certain evidence, etc., from section 67 .
\n
71.— (1) Subject to the provisions of this Act (including section 94 where paragraph (d) of subsection (6) of that section applies), a committee shall not direct a person to give evidence or a document to it or attend before it to, give evidence or a document to it— (a) relating to discussions at a meeting of the Government or a committee appointed by the Government whose membership consists of members of the Government, (b) relating to discussions at a meeting of a committee appointed by the Government whose membership consists of one or more members of the Government together with one or more Ministers of State or the Attorney General if— (i) the holding of the meeting was authorised by the Government, (ii) the proceedings of the meeting were required by the Government to be reported to them, and (iii) the Secretary to the Government so states in a document signed by him or her and furnished to the Oireachtas committee concerned, (c) if the evidence or document could, if given to it, reasonably be expected to prejudice any criminal proceedings that are pending or in progress in the State or any criminal investigation that is currently being conducted in the State, (d) if the evidence or document could, if given to it, reasonably be expected to adversely affect the security of the State or to be prejudicial to the State in its relations with other states, (e) if the evidence or document could, if given to it, reasonably be expected to prejudice— (i) the prevention, detection or investigation of offences, (ii) the apprehension or prosecution of offenders, or (iii) the effectiveness of lawful methods, systems, plans or procedures employed for the purposes of the prevention, detection or investigation of offences or the apprehension or prosecution of offenders, or (f) relating to information kept for the purpose of assessing the liability of a person in respect of a tax or duty or other payment owed or payable to the State, a local authority within the meaning of the Local Government Act 2001 , or the Health Service Executive, or for the purpose of collecting an amount due in respect of such a tax or duty or other payment, unless— (i) the information is relevant to the terms of reference for the Part 2 inquiry, (ii) the information is necessary for the purposes of conducting the Part 2 inquiry, (iii) if the information were given to the committee, the information could not reasonably be expected to prejudice the tax and duty collection, audit and enforcement systems, and (iv) the giving of the information to the committee would be in the public interest.
\n
(2)A meeting of persons who subsequently constitute the membership or part of the membership of a committee referred to in paragraph (a) or (b) of subsection (1) shall not be regarded, for the purposes of this section, as a meeting of that committee.
\n
Declarations in relation to directions.
\n
72.— (1) Where a direction is given by a committee to a person in relation to evidence or a document and the person is of the opinion that the evidence or document could, if given to the committee, reasonably be expected to have the effect specified in paragraph (d) or (e) of section 71
\n
(1), the person may inform the chairman of the committee of that opinion and, if the person does so and the committee does not withdraw the direction, it shall request the person to furnish to the committee a declaration under subsection (3) in relation to the matter.
\n
(2)Where a request under subsection (1) is made to a person by the committee, the committee shall, on the application of the person, allow such period, not being less than 14 days, as it considers reasonable for responding to the request and, if appropriate, the giving of a declaration under subsection (3) and, for that purpose, the committee shall, if necessary, adjourn the proceedings concerned in relation to the particular matter for such period as it considers appropriate in the circumstances.
\n
(3)Where a request under subsection (1) is made to a person— (a) a Minister of the Government may, on application to him or her in that behalf by the person, if he or she considers that the evidence or document concerned would relate or relates to a matter to which paragraph (d) of section 71
\n
(1)applies, give to the person a declaration in writing to that effect made by him or her, and (b) the Director of Public Prosecutions or the Commissioner of the Garda Síochána may, on application to him or her in that behalf by the person, if he or she considers that the evidence or document concerned would relate or relates to information specified in paragraph (e) of section 71
\n
(1), give to the person a declaration in writing to that effect made by him or her.
\n
(4)Where a declaration under subsection (3) is given to the committee concerned, it shall withdraw the direction concerned.
\n
Provisions supplementary to section 67 .
\n
73.— (1) (a) Where a direction under paragraph (a) or (b) of section 67
\n
(1)is given by a committee (in this section referred to as the “relevant committee”) to a person in his or her capacity as an employee, or as a representative of, a House or another committee, the relevant committee, shall, not less than 10 days before the day specified in the direction, notify the employer concerned or the House or other committee of the direction and of the matter to which the evidence or document concerned would relate or relates and the employer or another employee of the employer, authorised in that behalf by the employer, or, as the case may be, another representative, or an employee, of the House or other committee, authorised in that behalf by the House or other committee, may, if the relevant committee so decides— (i) appear before, and make submissions (including submissions in writing) to, the relevant committee relevant to its proceedings, and (ii) give evidence and documents to it relevant to such proceedings. (b) In paragraph (a) “employee” includes a civil servant and “employer”, in relation to a civil servant, means the civil servant who is the principal officer of the Department of State or other branch or office of the public service in which the first-mentioned civil servant is employed.
\n
(2)A direction to a person (not being an individual) under paragraph (b) of section 67
\n
(1)shall be addressed— (a) in the case of a Department of State or other branch or office of the public service, to the civil servant or public servant who is the principal officer of the Department of State, branch or office, (b) in the case of a representative of a House or another committee, to the Secretary General of the Houses of the Oireachtas, and (c) in any other case, to the principal officer of the body concerned, and the day on or before which the document concerned is required to be sent to the relevant committee shall be specified in the direction and shall not be less than 10 days after the date of the direction.
\n
(3)Notwithstanding subsections (1) and (2), the employer or House or other committee concerned shall be entitled to nominate another representative to— (a) appear before, and make submissions (including submissions in writing) to, the relevant committee relevant to its proceedings, and (b) give evidence and documents to it relevant to such proceedings, in place of the person to whom the direction was given but the relevant committee is entitled to not accept the nomination and to maintain that its direction be complied with by the person to whom it was given.
\n
Saver and restriction of Official Secrets Act 1963.
\n
74.— (1) Sections 66 and 67 are without prejudice to section 65 of the Court Officers Act 1926 .
\n
(2)Sections 4 and 5 of the Official Secrets Act 1963 shall not apply to evidence or a document given to a committee pursuant to a direction.
\n
Offences — Part 6.
\n
75.— (1) A person who— (a) having been directed under paragraph (a) of section 67
\n
(1)to attend before a committee and having had tendered to him or her any sum in respect of the expenses of his or her attendance before the committee which a witness summoned to attend before the Court would be entitled to have tendered to him or her, without reasonable excuse, fails to comply with the direction, (b) being in attendance before a committee pursuant to a direction under paragraph (a) of section 67
\n
(1), refuses to take the oath on being required by the committee to do so or refuses to answer any question to which the committee is entitled by law to require an answer, (c) without reasonable excuse, fails to comply with a direction under paragraph (b), (c), (d) or (e) of section 67
\n
(1), or (d) does any other thing in relation to the proceedings of a committee which, if done in relation to proceedings of a court by a witness in the court or any other person, would be contempt of that court, is guilty of an offence.
\n
(2)If a person gives false evidence before a committee in such circumstances that, if the person had given the evidence before a court, the person would be guilty of perjury, the person is guilty of an offence.
\n
(3)A person who is guilty of an offence under subsection (1) or (2) is liable— (a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 6 months, or both, or (b) on conviction on indictment, to a fine not exceeding €500,000 or imprisonment for a term not exceeding 5 years, or both.
\n
(4)A person who has had a sanction imposed on him or her by the Court for a failure to comply with an order of the Court under section 99 relating to a particular direction shall not be tried for an offence under subsection (2) in relation to that direction and a person who has been tried for an offence under that subsection in relation to a particular direction shall not be proceeded against for failure to comply with an order of the Court under section 99 relating to that direction.
\n
PART 7
\n
Compellability, Privileges and Immunities in Relation to Other Committee Business
\n
Chapter 1
\n
Definitions and application of Chapters 2 and 3 Definitions — Part 7.
\n
76.— In this Part— “direction” means a direction under section 83
\n
(1); “appropriate committee”— (a) in relation to a committee which is not a joint committee, means the Committee on Procedure and Privileges of the House, and (b) in relation to a joint committee, means the Committee on Procedure and Privileges of each House.
\n
Application of Chapters 2 and 3.
\n
77.— (1) Subject to subsection (2), Chapters 2 and 3 apply only to a committee whilst it is conducting other committee business and on which a power to send for persons, papers and records has been conferred by the House and shall only so apply subject to the extent of the power so conferred and any conditions imposed by the House on its exercise.
\n
(2)Subject to subsection (3), Chapters 2 and 3 shall not apply to a committee in respect of any particular matter the subject of the other committee business being conducted by the committee unless the committee has given a direction in respect of the particular matter.
\n
(3)A committee shall not give a direction unless it has the consent in writing of the appropriate committee to do so and any such consent may be given generally or in any particular case.
\n
Chapter 2
\n
Privileges and immunities, etc.
\n
Privileges and immunities of witnesses.
\n
78.— (1) (a) Subject to subsection (2) 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 committee, or who gives a document to the committee, whether voluntarily or pursuant to a direction— (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 subsection (2) 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 committee or to attend before the committee 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.
\n
(2)Where a witness (not being a member of either House) who is giving evidence to a committee 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.
\n
(3)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 other committee business it is conducting and of fair procedures to do so.
\n
(4)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 committee.
\n
Guidelines relating to procedures of other committee business.
\n
79.— (1) Subject to subsection (2), the section 79 committee may issue guidelines under this section, not inconsistent with this Act, relating to the procedures of other committee business.
\n
(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 other committee business, guidelines under this section may include guidelines relating to— (a) procedures applicable to witnesses, (b) the circumstances in which evidence in writing rather than oral evidence may be appropriate, (c) 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, any other committee business, (d) protocols for the chairmen of committees or a class of such chairmen in their dealings with witnesses and other committee members, or (e) the information to be provided to witnesses, including matters relating to non-cooperation with the committee and offences under this Act.
\n
(3)Guidelines issued under this section shall not prejudice the generality of any rules and standing orders.
\n
(4)In this section— “procedures” includes conduct; “ section 79 committee” means the committee designated by the rules and standing orders of the House as the committee which may issue guidelines under this section.
\n
Other persons identified in evidence.
\n
80.— (1) Where, during the course of the proceedings of a committee, a person who is not present during the proceedings 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.
\n
(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 such longer period (if any) as may be specified by the committee), give a statement of evidence in writing and relevant documents to the committee, (b) The committee may, subject to subsection (3), permit a person referred to in subsection (1), upon his or her request, to correct the statement in such additional manner as the committee considers appropriate in the circumstances having regard to the requirement to observe fair procedures, including by way of— (i) giving oral evidence, or (ii) directing other specified persons to give evidence.
\n
(3)The committee may comply with a request under subsection (2)(b) 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.
\n
Evidence given or sent to committee not admissible in certain proceedings.
\n
81.— (1) None of the following is admissible as evidence against a person in any other proceedings (including disciplinary proceedings) except proceedings in relation to an offence under this Act or the offence of perjury: (a) a statement or admission made by the person to the committee during the course of the conduct of the other committee business; (b) a document given or sent to the committee pursuant to a direction of the committee to the person; (c) a document specified in an affidavit of documents made by the person and given to the committee pursuant to a direction of the committee; (d) a document created by or for the committee (including any document which is incomplete or in a draft form only) for the purposes of the other committee business.
\n
(2)A document that is otherwise available and was not created for the purposes of the other committee business will not be inadmissible as evidence in any proceedings (including disciplinary proceedings) by virtue of this section.
\n
(3)Subject to provisions in this Act regarding confidentiality, the House may resolve to make documents of the other committee business available to another statutory authority (not being a court or disciplinary body) in accordance with rules and standing orders.
\n
Offences — Chapter 2.
\n
82.— (1) A person who provides information to the committee which is false or misleading in a material particular, knowing the information to be so false or misleading or being reckless as to whether it is so false or misleading, is guilty of an offence.
\n
(2)A person guilty of an offence under subsection (1) is liable— (a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 6 months, or both, or (b) on conviction on indictment, to a fine not exceeding €500,000 or imprisonment for a term not exceeding 5 years, or both.
\n
Chapter 3
\n
Directions that may be given by committee conducting other committee business and related matters Powers of committee to obtain evidence.
\n
83.— (1) Subject to the provisions of this Act, a committee may— (a) direct in writing any person whose evidence is required by the committee to attend before the committee on a date and at a time and place specified in the direction and there to give evidence and any document in his or her possession or control specified in the direction, (b) direct in writing any person to give to the committee any document in his or her possession or control specified in the direction, (c) direct in writing any person to make discovery on oath of any documents that are or have been in that person’s possession or control relating to any matter relevant to the proceedings of the committee and to specify in the affidavit of documents concerned any documents mentioned therein which he or she objects to producing to the committee and the grounds for the objection, and the rules of court relating to the discovery of documents in proceedings in the Court shall apply in relation to the discovery of documents pursuant to this paragraph with any necessary modifications, (d) direct in writing a person to make a statement in writing on the matters on which that person is required to give evidence, and (e) give any other directions for the purpose of the proceedings concerned that appear to the committee to be just and reasonable.
\n
(2)The reasonable expenses of a person (not including legal costs) who, pursuant to a direction, attends before a committee, shall be paid out of moneys provided by the Oireachtas.
\n
(3)(a) A direction in writing shall be signed by— (i) the chairman of the committee concerned, (ii) another committee member duly authorised in that behalf by the chairman, or (iii) the clerk to the committee. (b) Any other direction shall be given by the chairman of the committee concerned.
\n
(4)Subject to section 89 , subsection (1) shall not apply to— (a) the President or an officer of the President, (b) a judge of the Supreme Court, the High Court, the Circuit Court, the District Court or a Special Criminal Court, or (c) the Master of the High Court.
\n
(5)subsection (1) shall not apply to the Attorney General or an officer of the Attorney General except— (a) where the committee concerned is the Committee of Public Accounts, and (b) in so far as that subsection relates to evidence, or a document in his or her possession or control, concerning the general administration of the Office of the Attorney General.
\n
(6)subsection (1) shall not apply to the Director of Public Prosecutions or an officer of the Director of Public Prosecutions except— (a) where the committee concerned is the Committee of Public Accounts, and (b) in so far as the subsection relates to evidence, or a document in his or her possession or control, concerning— (i) the general administration of the Office of the Director of Public Prosecutions, or (ii) statistics relevant to a matter referred to in a report of and published by the Director of Public Prosecutions in relation to the activities generally of the Office of the Director of Public Prosecutions.
\n
(7)In this section— (a) a reference to the President, the Attorney General, the Director of Public Prosecutions or a judge of the Supreme Court, the High Court, the Circuit Court, the District Court or a Special Criminal Court or the Master of the High Court is a reference to a person who holds or held that office in his or her capacity as such holder, and (b) a reference to an officer, in relation to the President, the Attorney General or the Director of Public Prosecutions, is a reference to a person who is or was an officer of the President, the Attorney General or the Director of Public Prosecutions in his or her capacity as such an officer, and includes a reference to a person who provides or provided professional legal services to the President, the Attorney General or the Director of Public Prosecutions under a contract for services in his or her capacity as such a provider.
\n
Scope of section 83 .
\n
84.— (1) Subject to subsection (2) and section 83
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(4), (5) and (6), a direction may be given to, and any proceedings to enforce the direction may be served on or otherwise made upon— (a) any person in the State, (b) any Irish citizen outside the State, or (c) any person in an Irish registered vessel or aircraft or an Irish diplomatic mission outside the State.
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(2)Paragraphs (a) and (c) of subsection (1) shall not apply to a person who at the time concerned is entitled to diplomatic immunity in the State.
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Relevant evidence.
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85.— (1) A committee shall not direct a person to give evidence or a document to it, or attend before it to give evidence or a document to it, that is not relevant to the proceedings of the committee.
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(2)Where a direction to which paragraph (a) or (b) of subsection (1) of section 83 relates is given to a person and the person is of the opinion that evidence or a document to which the direction relates is not relevant to the proceedings of the committee concerned and so informs the committee, the committee, after considering the opinion, shall either withdraw or confirm the direction.
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(3)Subject to section 94 (where paragraph (c) of subsection (6) of that section applies), where the committee makes a decision under subsection (2), it shall give a notice in writing of the decision to the person to whom the direction concerned was given.
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Exemption of certain evidence, etc., from section 83 .
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86.— (1) Subject to the provisions of this Act, a committee shall not direct a person to give evidence or a document to it or attend before it to give evidence or a document to it— (a) relating to discussions at a meeting of the Government or a committee appointed by the Government whose membership consists of members of the Government, (b) relating to discussions at a meeting of a committee appointed by the Government whose membership consists of one or more members of the Government together with one or more Ministers of State or the Attorney General if— (i) the holding of the meeting was authorised by the Government, (ii) the proceedings of the meeting were required by the Government to be reported to them, and (iii) the Secretary to the Government so states in a document signed by him or her and furnished to the Oireachtas committee concerned, (c) if the evidence or document could, if given to it, reasonably be expected to prejudice any criminal proceedings that are pending or in progress in the State or any criminal investigation that is currently being conducted in the State, (d) if the evidence or document could, if given to it, reasonably be expected to adversely affect the security of the State or to be prejudicial to the State in its relations with other states, (e) if the evidence or document could, if given to it, reasonably be expected to prejudice— (i) the prevention, detection or investigation of offences, (ii) the apprehension or prosecution of offenders, or (iii) the effectiveness of lawful methods, systems, plans or procedures employed for the purposes of the prevention, detection or investigation of offences or the apprehension or prosecution of offenders, or (f) relating to information kept for the purpose of assessing the liability of a person in respect of a tax or duty or other payment owed or payable to the State, a local authority within the meaning of the Local Government Act 2001 , or the Health Service Executive, or for the purpose of collecting an amount due in respect of such a tax or duty or other payment.
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(2)A meeting of persons who subsequently constitute the membership or part of the membership of a committee referred to in paragraph (a) or (b) of subsection (1) shall not be regarded, for the purposes of this section, as a meeting of that committee.
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Declarations in relation to directions.
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87.— (1) Where a direction is given by a committee to a person in relation to evidence or a document and the person is of the opinion that the evidence or document could, if given to the committee, reasonably be expected to have the effect specified in paragraph (d) or (e) of section 86
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(1), the person may inform the chairman of the committee of that opinion and, if the person does so and the committee does not withdraw the direction, it shall request the person to furnish to the committee a declaration under subsection (3) in relation to the matter.
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(2)Where a request under subsection (1) is made to a person by the committee, the committee shall, on the application of the person, allow such period, not being less than 14 days, as it considers reasonable for responding to the request and, if appropriate, the giving of a declaration under subsection (3) and, for that purpose, the committee shall, if necessary, adjourn the proceedings concerned in relation to the particular matter for such period as it considers appropriate in the circumstances.
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(3)Where a request under subsection (1) is made to a person— (a) a Minister of the Government may, on application to him or her in that behalf by the person, if he or she considers that the evidence or document concerned would relate or relates to a matter to which paragraph (d) of section 86
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(1)applies, give to the person a declaration in writing to that effect made by him or her, and (b) the Director of Public Prosecutions or the Commissioner of the Garda Síochána may, on application to him or her in that behalf by the person, if he or she considers that the evidence or document concerned would relate or relates to information specified in paragraph (e) of section 86
\n
(1), give to the person a declaration in writing to that effect made by him or her.
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(4)Where a declaration under subsection (3) is given to the committee concerned, it shall withdraw the direction concerned.
\n
Provisions supplementary to section 83 .
\n
88.— (1) (a) Where a direction under paragraph (a) or (b) of section 83
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(1)is given by a committee (in this section referred to as the “relevant committee”) to a person in his or her capacity as an employee, or as a representative of, a House or another committee, the relevant committee, shall, not less than 10 days before the day specified in the direction, notify the employer concerned or the House or other committee of the direction and of the matter to which the evidence or document concerned would relate or relates and the employer or another employee of the employer, authorised in that behalf by the employer, or, as the case may be, another representative, or an employee, of the House or other committee, authorised in that behalf by the House or other committee, may, if the relevant committee so decides— (i) appear before, and make submissions (including submissions in writing) to, the relevant committee relevant to its proceedings, and (ii) give evidence and documents to it relevant to such proceedings. (b) In paragraph (a) “employee” includes a civil servant and “employer”, in relation to a civil servant, means the civil servant who is the principal officer of the Department of State or other branch or office of the public service in which the first-mentioned civil servant is employed.
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(2)A direction to a person (not being an individual) under paragraph (b) of section 83
\n
(1)shall be addressed— (a) in the case of a Department of State or other branch or office of the public service, to the civil servant or public servant who is the principal officer of the Department of State, branch or office, (b) in the case of the representative of a House or another committee, to the Secretary General of the Houses of the Oireachtas, and (c) in any other case, to the principal officer of the body concerned, and the day on or before which the document concerned is required to be sent to the relevant committee shall be specified in the direction and shall not be less than 10 days after the date of the direction.
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(3)Notwithstanding subsections (1) and (2), the employer or House or other committee concerned shall be entitled to nominate another representative to— (a) appear before, and make submissions (including submissions in writing) to, the relevant committee relevant to its proceedings, and (b) give evidence and documents to it relevant to such proceedings, in place of the person to whom the direction was given.
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Saver and restriction of Official Secrets Act 1963.
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89.— (1) Sections 77 and 83 are without prejudice to section 65 of the Court Officers Act 1926 .
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(2)Sections 4 and 5 of the Official Secrets Act 1963 shall not apply to evidence or a document given to a committee pursuant to a direction.
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Offences — Chapter 3.
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90.— (1) A person who— (a) having been directed under paragraph (a) of section 83
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(1)to attend before a committee and having had tendered to him or her any sum in respect of the expenses of his or her attendance before the committee which a witness summoned to attend before the Court would be entitled to have tendered to him or her, without reasonable excuse, fails to comply with the direction, (b) being in attendance before a committee pursuant to a direction under paragraph (a) of section 83
\n
(1), refuses to take the oath on being required by the committee to do so or refuses to answer any question to which the committee is entitled by law to require an answer, (c) without reasonable excuse, fails to comply with a direction under paragraph (b), (c), (d) or (e) of section 83
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(1), or (d) does any other thing in relation to the proceedings of a committee which, if done in relation to proceedings of a court by a witness in the court or any other person, would be contempt of that court, is guilty of an offence.
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(2)If a person gives false evidence before a committee in such circumstances that, if the person had given the evidence before a court, the person would be guilty of perjury, the person is guilty of an offence.
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(3)A person who is guilty of an offence under subsection (1) or (2) is liable— (a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 6 months, or both, or (b) on conviction on indictment, to a fine not exceeding €500,000 or imprisonment for a term not exceeding 5 years, or both.
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(4)A person who has had a sanction imposed on him or her by the Court for a failure to comply with an order of the Court under section 99 relating to a particular direction shall not be tried for an offence under subsection (2) in relation to that direction and a person who has been tried for an offence under that subsection in relation to a particular direction shall not be proceeded against for failure to comply with an order of the Court under section 99 relating to that direction.
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Chapter 4
\n
Oireachtas Commission may pay expenses of witnesses, etc.
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Oireachtas Commission may pay reasonable expenses of witnesses, etc.
\n
91.— Subject to section 83
\n
(2), the Oireachtas Commission may pay, out of moneys provided by the Oireachtas, the reasonable expenses (not including legal costs) incurred by a witness in, or other person affected by, the proceedings of a committee.
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PART 8
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Privilege and Immunity of Committees and Members of Houses and Restriction of Evidence of Certain Persons Privilege and immunity of committees, etc.
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92.— (1) A member of a House shall not, in respect of any utterance in or before a committee, be amenable to any court or any authority other than the House.
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(2)Subject to sections 36
\n
(2)and 37
\n
(2), the following are privileged wherever published: (a) the documents of a committee and the documents of committee members connected with the committee or its functions, (b) all official reports and publications of a committee, and (c) the utterances made in proceedings of a committee.
\n
(3)Utterances made or documents prepared at or for meetings of a committee that are held otherwise than in public and at which no evidence is given to the committee shall not be disclosed without the consent in writing of the chairman.
\n
(4)A document given to a committee by a person who is not a committee member shall cease to be a document of the committee under subsection (2)(a) if the committee so decides.
\n
(5)In this section “utterance” includes a statement within the meaning of the Defamation Act 2009 .
\n
Restriction on evidence, etc., of certain persons.
\n
93.— (1) Where a committee is for the time being conducting any relevant proceedings— (a) a civil servant, member of the Permanent Defence Force or the Garda Síochána, or relevant person, may give evidence to the committee for the purpose of establishing facts and giving the committee a factual account of a matter, including evidence as to anything said or communicated by any person during the course of events of which an account is being given, and (b) without prejudice to the generality of paragraph (a)— (i) the committee may not ask a civil servant, member of the Permanent Defence Force or the Garda Síochána, or relevant person, to express an opinion on the merits of a policy of the Government or of a Minister of the Government or the merits of the objectives of such a policy, and (ii) a civil servant, member of the Permanent Defence Force or the Garda Síochána, or a relevant person, may not express such an opinion.
\n
(2)(a) Where— (i) a specified person or relevant person is directed by a committee under this Act to give it a specified document or to attend before it to give it a specified document, and (ii) the appropriate person is satisfied that a part, but not the whole, of the document consists of questioning by a specified person or relevant person of, or the expression by a specified person or relevant person of an opinion on, the merits of a policy of the Government or of a Minister of the Government or the merits of the objectives of such a policy, the appropriate person shall direct in writing the specified person or relevant person, as the case may be, to give to the committee a copy (which may be a summary copy or redacted copy, or both), prepared under the supervision of the appropriate person, of so much of the document as does not consist of such part and the specified person or relevant person, as the case may be, shall comply with the direction. (b) A document prepared pursuant to paragraph (a) shall be signed by the appropriate person and shall contain a statement to the effect that it is prepared pursuant to this subsection and is a copy (which may be a summary copy or redacted copy, or both) of so much of the specified document to which the direction concerned relates as does not consist of the part in which the merits of a policy or objectives referred to in paragraph (a) are questioned, or an opinion thereon is expressed, by a specified person or relevant person. (c) A document that is given to a committee pursuant to a direction of the committee and purports to be a document prepared pursuant to this subsection and to comply with paragraph (b) shall be deemed, unless the contrary is shown, to be a copy of so much of the specified document to which the direction relates as does not consist of the part in which the merits of a policy or objectives referred to in paragraph (a) are questioned, or an opinion thereon is expressed, by a specified person or relevant person.
\n
(3)subsection (2) shall not be construed to permit a summary copy or redacted copy of a document referred to in that subsection to exclude so much of the document as relates to establishing facts and giving a factual account of a matter, including an account as to anything said or communicated by any person during the course of events of which the document is giving an account.
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(4)In this section— “ appropriate person ”— (a) in relation to a specified person who is a civil servant, means the principal officer of the Department of State or other branch or office of the public service in which the specified person is employed, (b) in relation to a specified person who is a member of the Defence Forces, means the Secretary General of the Department of Defence, (c) in relation to a specified person who is a member of the Garda Síochána, means the Secretary General of the Department of Justice and Equality, (d) in relation to a person who is a member of staff of a public service body, the principal officer of that body, and (e) in relation to a relevant person, the principal officer of the body concerned referred to in the other enactment concerned; “relevant person” means a person who, under any other enactment, is prohibited, whilst reporting to a House or a committee, from expressing an opinion on the merits of a policy of the Government or of a Minister of the Government or on the merits of the objectives of such a policy or words to the like effect; “specified document” means a document that is the subject of a direction for the purposes of particular proceedings of a committee and that was created before the commencement of those proceedings; “ specified person ” means a person who is a civil servant or member of the Permanent Defence Force or the Garda Síochána.
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PART 9
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Applications to High Court in Relation to Relevant Proceedings, etc.
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Application to Court for directions on matter relating to relevant proceedings.
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94.— (1) Where a witness to or other person affected by any relevant proceedings (in this section referred to as the “objector”) is of the opinion that any matter relating to the proceedings is not being inquired into or otherwise dealt with in accordance with this Act, he or she may give the chairman of the committee a notice in writing (in this section referred to as the “notice of objection”) of that opinion and that matter and shall, in the notice, state his or her reasons for the opinion.
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(2)Where the chairman of the committee is given a notice of objection, he or she shall, as soon as is practicable, give a copy of the notice to each of the other committee members and thereafter the committee shall, as soon as is practicable, consider the notice and take what it considers to be the most appropriate course of action specified in subsection (3).
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(3)(a) If the committee agrees with what is stated in the notice of objection, it shall give the objector a notice in writing of its agreement and either— (i) only continue to inquire into the matter the subject of the notice of objection, or only continue to otherwise deal with the matter, in accordance with its agreement with the notice of objection, or (ii) cease to further inquire into the matter, or cease to otherwise deal with the matter, as it considers appropriate. (b) If the committee disagrees with what is stated in the notice of objection, it shall give the objector a notice in writing of its disagreement and the reasons for the disagreement. (c) If the committee agrees in part and disagrees in part with what is stated in the notice of objection, it shall take the course of action specified in paragraph (a) in respect of the part with which it agrees and take the course of action specified in paragraph (b) in respect of the part with which it disagrees. (d) The committee, instead of taking, in respect of the notice of objection, the course of action specified in paragraph (a), (b) or (c), may, on notice to the objector, apply in a summary manner to the Court for directions concerning what is stated in the notice of objection and, in any such case, it shall cease to inquire further into the matter the subject of the notice of objection, or cease to otherwise deal with the matter, until— (i) the application is withdrawn or abandoned because the committee has, in respect of the notice, subsequently taken the course of action specified in paragraph (a), or (ii) the Court gives its directions on the matter.
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(4)Where the objector is given a notice under subsection (3)(b) by the committee, he or she— (a) may give the committee a notice in writing that he or she intends to apply to the Court for directions concerning what is stated in the notice of objection, and (b) may, within 14 days after being given such notice under subsection (3)(b) (or within such longer period (if any) as the Court may allow), apply in a summary manner, on notice to the committee, to the Court for directions concerning what is stated in the notice of objection.
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(5)Subject to section 101 , where the committee is given a notice referred to in subsection (4)(a) by the objector, it shall cease to inquire further into the matter the subject of the notice of objection, or cease to otherwise deal with the matter— (a) not sooner than 14 days after it has been given the notice referred to in that subsection without the objector having made the application concerned to the Court, or (b) if the application is made, until— (i) the application is withdrawn or abandoned, or (ii) the final determination of the matter.
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(6)Without prejudice to the generality of this section in respect of matters relating to relevant proceedings which may be the subject of applications to the Court under this section by the committee or objectors, any such application may relate to— (a) immunities, privileges or liabilities referred to in section 18 or 78 , (b) the contents of a draft of a relevant report, or the contents of a draft of part of a relevant report, given to a person under section 35 , (c) the relevance to the proceedings of the committee of evidence or a document referred to in section 70 or 85 , or (d) whether or not the prohibition in section 71
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(1)applies to a direction given or proposed to be given under section 67
\n
(1).
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(7)The Court shall determine an application under this section for directions by giving such directions as it considers just and reasonable in the circumstances.
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Provisions that apply where committee resolves that publication of relevant report could prejudice criminal proceedings, etc.
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95.— (1) Where the committee is of the opinion, before a relevant report is finalised, that the publication of the report could reasonably be expected to prejudice any criminal proceedings that are pending or in progress in the State or any criminal investigation currently being conducted in the State, the committee shall apply to the Court for directions concerning the publication of the report.
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(2)The Court shall, before determining an application under subsection (1) in respect of a relevant report, direct that a notice in writing be given to— (a) the Attorney General, (b) the Director of Public Prosecutions, (c) the Commissioner of the Garda Síochána, and (d) any person who is a defendant in criminal proceedings relating to an act or omission that is referred to in the report or that is related to the inquiry and referred to in the report.
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(3)The Court may, on an application under subsection (1)— (a) receive submissions, and evidence tendered, by or on behalf of any person referred to in subsection (2), and (b) hear the application otherwise than in public if the Court considers it appropriate to do so.
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(4)Where the Court, after hearing an application under subsection (1) in respect of a relevant report, considers that the publication of the report could reasonably be expected to prejudice any criminal proceedings, or a criminal investigation, as specified in that subsection, it may direct that the report or a specified part of it shall not be published— (a) until a specified period of time has elapsed or until a specified event has occurred, or (b) until the Court otherwise directs.
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Court’s role in award of third party legal costs, etc., under sections 48, 55, 57 and 58.
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96.— (1) Where the Oireachtas Commission has given a person a notice in writing referred to in section 48
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(1)or (4), 57
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(1)or 58
\n
(1), the Oireachtas Commission may, on notice to the person, apply to the Court for confirmation of the grounds set out in the notice for the belief set out in the notice.
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(2)The Court may, on an application under subsection (1) for an order confirming the grounds set out in a notice referred to in that subsection for a belief set out in the notice— (a) make an order confirming all of those grounds, (b) make an order confirming one or more than one of those grounds but not all of those grounds, or (c) refuse to make such an order.
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(3)A direction under section 55
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(1)or (2) by the Oireachtas Commission to a person to pay expenses referred to in that section shall not take effect until it is confirmed by an order of the Court on application by the Oireachtas Commission on notice to that person.
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(4)The Court may, on an application under subsection (3) for an order confirming a direction of the Oireachtas Commission to pay expenses to the Oireachtas Commission or another person— (a) make an order confirming the direction with or without modification, or (b) refuse to make such an order.
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(5)Where a person who has been given a notice referred to in section 48
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(8)(a) or 55
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(5)(a) which states that— (a) the Oireachtas Commission proposes to take no action in respect of the request concerned under section 48
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(4)or 55
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(2), as the case may be, made by the person, or (b) the Oireachtas Commission proposes to take action on some, but not all, of the grounds specified in such request, the person may, on notice to the Oireachtas Commission, apply to the Court for directions relating to what action the Oireachtas Commission should take in respect of the request, or the grounds on which the Oireachtas Commission should take action in respect of the request, or both.
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(6)The Court shall determine an application under subsection (5) by giving such directions as it considers just and reasonable in the circumstances.
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Court may set aside section 50 or 59.
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97.— The Court may, on application in a summary manner made to it by a person referred to in section 50 or 59 who has given notice of the application to the person to be charged referred to in that section, authorise the commencement of proceedings for the recoupment of costs prior to the expiration of 3 months following delivery of the signed bill of costs concerned referred to in that section.
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Reference to Court concerning Part 2 inquiry legal costs or private bill legal costs.
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98.— (1) A parliamentary legal costs adjudicator may, whether or not at the request of a party (including the Oireachtas Commission) to an application under section 51
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(1)for an adjudication of
\n
Part 2
\n
inquiry legal costs (within the meaning of section 42 ), or at the request of a party to an adjudication referred to in section 57
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(3)or 58
\n
(3), refer a question of law arising in the application or adjudication, as the case may be, to the Court for the opinion of the Court.
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(2)Where a question has been referred to the Court under subsection (1) by a parliamentary legal costs adjudicator, neither that parliamentary legal costs adjudicator nor any successor to that officer shall— (a) make a determination to which the question is relevant while the reference is pending, or (b) proceed in a manner, or make a determination, inconsistent with the opinion of the Court on the question.
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Application to Court where person fails to comply with direction under section 67
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(1)or 83(1).
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99.— Where a person fails to comply with a direction under section 67
\n
(1)or 83
\n
(1), the Court may, on application to it in a summary manner in that behalf by the chairman of the committee concerned on behalf of the committee and on notice to the person, order the person to comply with the direction.
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Appeal to Court against certain direction under section 67
\n
(1)or 83(1).
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100.— (1) Subsection (2) applies where a direction under section 67
\n
(1)or 83
\n
(1)is given by a committee in relation to evidence or a document and— (a) the person to whom it is given is of the opinion that the evidence or document could, if given to the committee, reasonably be expected to prejudice any criminal proceedings that are pending or in progress in the State or any criminal investigation that is currently being conducted in the State, and so informs the committee, or (b) a person who is a party to any such criminal proceedings or who is conducting any such criminal investigation is of the opinion that the evidence or document could, if given to the committee, reasonably be expected to prejudice the proceedings or investigation, as the case may be, and so informs the committee.
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(2)Where this subsection applies, in the case of a direction under section 67
\n
(1)or 83
\n
(1)given by a committee, and a person referred to in paragraph (a) or (b) of subsection (1), then— (a) subject to subsection (3), if the committee does not withdraw the direction, the person may, not later than 14 days after being informed by the committee of its decision not to do so and on notice to the committee, apply to the Court in a summary manner for the determination of the question whether the evidence or document could, if given to the committee, reasonably be expected to have the effect specified in paragraph (c) of section 71
\n
(1)or paragraph (c) of section 86
\n
(1), as the case may be, or to prejudice the criminal proceedings or investigation concerned as referred to in paragraph (a) or (b) of subsection (1), (b) subject to section 101 , if such an application is made, the committee shall adjourn its proceedings relating to the particular matter until— (i) the application is withdrawn or abandoned, or (ii) the final determination of the question referred to in paragraph (a), and (c) if the Court determines that the evidence or document could, if given to the committee, have the effect referred to in paragraph (a) on the criminal proceedings or investigation concerned, the committee shall withdraw the direction.
\n
(3)The Court may extend the period referred to in subsection (2)(a) in respect of which an application referred to in that subsection may be made to it in any case where it is satisfied that there is good and sufficient reason for the extension.
\n
Disapplication of section 94
\n
(5)(a) or (b), or 100(2)(b), to committee in certain circumstances.
\n
101.— (1) This section applies to a person who has— (a) given the committee a notice in writing referred to in section 94
\n
(4)(a) but has failed to make the application to the Court specified in the notice, (b) made an application referred to in section 94
\n
(4)(b) to the Court but has withdrawn or abandoned the application, or (c) made an application referred to in section 100
\n
(2)(a) to the Court but has withdrawn or abandoned the application.
\n
(2)Where a person to whom this section applies gives the committee a substantially similar section 94
\n
(4)notice, the committee may, on notice to the person, apply in a summary manner to the Court for an order that paragraph (a) of section 94
\n
(5)shall not apply to the committee in the case of that notice.
\n
(3)Where a person to whom this section applies makes a substantially similar section 94
\n
(4)application to the Court, the committee may, on notice to the person, apply in a summary manner to the Court for an order that paragraph (b) of section 94
\n
(5)shall not apply to the committee in the case of that application.
\n
(4)Where a person to whom this section applies makes a substantially similar section 100
\n
(2)application to the Court, the committee may, on notice to the person, apply in a summary manner to the Court for an order that paragraph (b) of section 100
\n
(2)shall not apply to the committee in the case of that application.
\n
(5)The Court, on an application under subsection (2), (3) or (4), may— (a) make the order sought by the application, or (b) refuse to make such an order.
\n
(6)In this section— “substantially similar section 94
\n
(4)notice”, in relation to a person to whom this section applies, means a notice in writing referred to in section 94
\n
(4)given by the person to the committee and which is the same as, or substantially similar to, the notice referred to in paragraph (a) of subsection (1) previously given by the person to the committee; “substantially similar section 94
\n
(4)application”, in relation to a person to whom this section applies, means an application referred to in section 94
\n
(4)made by the person to the Court and which is the same as, or substantially similar to, the application referred to in paragraph (b) of subsection (1) previously made by the person to the Court; “substantially similar section 100
\n
(2)application”, in relation to a person to whom this section applies, means an application referred to in section 100
\n
(2)made by the person to the Court and which is the same as, or substantially similar to, the application referred to in paragraph (c) of subsection (1) previously made by the person to the Court.
\n
Court’s discretion to hear certain matters otherwise than in public.
\n
102.— Proceedings in the Court under this Act, in so far as they relate to— (a) a draft of a relevant report, (b) an unpublished relevant report, (c) the disclosure or non-disclosure of confidential material, or (d) section 100 , may be heard otherwise than in public if the Court is satisfied that it is just and reasonable to do so.
\n
Provisions supplementary to sections 94 to 102.
\n
103.— The Court, in any direction, order, authorisation or opinion given or made by it under this Part, may make such related orders, whether in respect of the committee or other persons, as it considers just and reasonable in the circumstances and, without prejudice to the generality of the foregoing, in particular to ensure that fair procedures are observed in relation to witnesses to, or other persons affected by, relevant proceedings.
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PART 10
\n
Privilege in Relation to Private Papers and Confidential Communications Interpretation — Part 10.
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104.— (1) In this Part— “confidential communication”, in relation to a member, means a communication (not being a private paper), by any means (whether in writing or not), of information to and from the member, in the course of his or her capacity as a member, on an understanding (whether express or implied) that its source or content, or both, would be treated as confidential, and includes any document evidencing such a communication; “member” means a member of a House, and includes a former member of the House in his or her capacity as a former member and, where the context so requires, a deceased member of the House; “ministerial office” means office as Taoiseach, Tánaiste, Minister or Minister of State, and “Department or Office” shall be construed accordingly; “
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Part 10
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committee”, in relation to a House, means the committee appointed by the House to perform the functions conferred on
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Part 10
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committees by this Part; “private paper”, in relation to a member, means whichever of the following as applies to the member (other than a paper that has already been lawfully put into the public domain): (a) in relation to a member who is not a holder of ministerial office, any paper in the possession or control of the member in relation to his or her political (including party political) role or in his or her capacity as a member; (b) in relation to a member who is the holder of ministerial office, any paper in the possession or control of the member in relation to his or her political (including party political) role or in his or her capacity as a member, but does not include any paper (whether or not held by his or her Department or Office, by the member, or by any special adviser in his or her Department or Office) which relates to the member’s own functions in relation to his or her ministerial office; (c) in relation to a member who is the Attorney General, any paper in the possession or control of the member in relation to his or her political (including party political) role or in his or her capacity as a member, but does not include any paper (whether or not held by his or her Office, by the member, or by any special adviser) which relates to the member’s own functions in relation to the office of the Attorney General; “special adviser” means special adviser within the meaning of section 11 of the Public Service Management Act 1997 .
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(2)Nothing in the Part shall be construed to prejudice the power of each House to make rules and standing orders pursuant to Article 15.10 of the Constitution to create a protection for private papers referred to in that Article (and irrespective of whether the definition of “private paper” provided for in such rules and standing orders overlaps, whether in whole or in part, with the definition of “private paper” in this Part).
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(3)The assertion by a person of a privilege created by this Part in respect of a document shall not preclude the assertion by the person of any other privilege or protection in respect of the document.
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Protected communications of member.
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105.— (1) A person shall not have access to, or require the disclosure of, a private paper of a member other than— (a) with the consent in writing of the member, or (b) subject to subsection (2), where it is determined by the Court, upon application being made to it under this section, that the access or disclosure, as the case may be, is relevant to the investigation of any offence alleged against the member, or is essential by virtue of an overriding public interest arising in the context of proceedings before a court, tribunal, commission or
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Part 2
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inquiry.
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(2)The Court shall, in determining under paragraph (b) of subsection (1) whether or not it should make an order providing for access to, or the disclosure of, a private paper of a member, have regard to— (a) the extent to which the paper relates to a matter of public importance or public interest, (b) the rights and interests of any member affected, (c) the rights and interests of any other person who provided information to the member, (d) the rights and interests of any other person to whom the paper relates, (e) the public interest in maintaining the confidentiality of the identity of persons who communicate with members, (f) the public interest in maintaining the confidentiality of the contents of private papers, and (g) any other circumstances that the Court considers relevant.
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(3)A person shall not require the disclosure of a confidential communication other than— (a) with the consent in writing of the member who made or received the communication, or (b) subject to subsection (4), where it is determined by the Court, upon application being made to it under this section, that the disclosure is relevant to the investigation of any offence alleged against the member, or is essential by virtue of an overriding public interest arising in the context of proceedings before a court, tribunal, commission or
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Part 2
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inquiry.
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(4)The Court shall, in determining under paragraph (b) of subsection (3) whether or not it should make an order providing for the disclosure of a confidential communication made by or to a member, have regard to— (a) the extent to which the communication relates to a matter of public importance or public interest, (b) the rights and interests of any member affected, (c) the rights and interests of any other person who provided information to the member, (d) the rights and interests of any other person to whom the communication relates, (e) the public interest in maintaining the confidentiality of the identity of persons who communicate with members, (f) the public interest in maintaining the confidentiality of the contents of confidential communications, and (g) any other circumstances that the Court considers relevant.
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(5)Where under this section the Court orders access to, or the disclosure of, a private paper or confidential communication, it shall determine the terms and extent of such access or disclosure, as the case may be.
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(6)Without prejudice to the generality of section 107 , a member may give a consent referred to in subsection (1)(a) or (3)(a) without the approval of a House, committee or any other person.
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(7)Rules of court shall make provision for the manner in which an application to the Court under this section shall be made.
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Disclosure of communication.
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106.— Nothing in this Part prevents a person who has communicated with a member and who is otherwise entitled by law to disclose the fact or content of the communication from doing so whether or not the person represented to the member at the time of the communication that its source or content would be treated as confidential.
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Determining what constitutes private paper or confidential communication.
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107.— (1) A member who has in his or her possession or control a document may at any time apply to the
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Part 10
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committee for a determination as to whether the document is a private paper or confidential communication.
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(2)The
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Part 10
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committee may, for the purposes of making a determination under subsection (1) as to whether or not a document referred to in that subsection is a private paper or confidential communication— (a) exercise the powers conferred on a committee that has, under the rules and standing orders of the House, been conferred with the right to send for persons, papers and records, or (b) if, following a preliminary consideration of the matter, the committee considers it unnecessary in the circumstances to exercise such powers— (i) examine any relevant document (including a report prepared under subparagraph (iii)), (ii) consider a statement in writing by the member concerned and any other person in relation to the circumstances giving rise to the document or otherwise in relation to the grounds for a claim (if any) that the document is a private paper or confidential communication, and (iii) appoint a person that the committee is satisfied has suitable qualifications, and possesses the level of experience, and independence from any interest falling to be determined between the parties concerned, for the purposes of— (I) examining the information, and (II) preparing a report for the committee with a view to assisting or facilitating the committee in making the determination.
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(3)The
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Part 10
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committee shall take all necessary steps to safeguard the confidentiality of the document concerned and preserve the confidentiality of its proceedings under this section.
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(4)A determination of the
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Part 10
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committee under this section may only be reviewed by way of judicial review, on application made to the Court within 14 days after the date of the determination being made known to the party aggrieved by the determination.
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Guidelines.
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108.— A House may prepare and issue guidelines for the purposes of this Part providing for the practical guidance of its members, including protocols to be followed relating to maintaining a document as a private paper or confidential communication.
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Former or deceased member of House.
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109.— (1) Subsections (1)(a) and (3)(a) of section 105 shall apply to a former member who has not died as if the references in those subsections to “member” were references to “former member”.
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(2)Subsections (1)(a) and (3)(a) of section 105 shall apply to a former member who has died as if the references in those subsections to “member” were references to “
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Part 10
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committee”.
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Disclosure of private paper by way of evidence.
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110.— A person shall not be required to answer any question which would reveal, or would be likely to reveal, the content of a private paper of a member, whether created before or after the event or matter the subject of the question, the disclosure of which would be contrary to this Part, except in so far as may be necessary to enable the
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Part 10
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committee to make a determination under section 107 .
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Offences — Part 10.
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111.— (1) Where a private paper of a member is knowingly or recklessly disclosed by a person other than the member and such disclosure is not authorised by a provision of this Part, the person is guilty of an offence.
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(2)Where a confidential communication is knowingly or recklessly disclosed by a person other than the member who made or received the communication, or the person who made the communication to the member, the first-mentioned person is guilty of an offence.
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(3)Where— (a) a person discloses a private paper of a member in contravention of subsection (1), or (b) a person discloses a confidential communication in contravention of subsection (2), any other person who publishes the private paper or confidential communication, as the case may be, is guilty of an offence, regardless of how he or she acquired the private paper or confidential communication, or the content of the private paper or confidential communication, as the case may be.
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(4)A person who is guilty of an offence under subsection (1), (2) or (3) is liable— (a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 6 months, or both, or (b) on conviction on indictment, to a fine not exceeding €500,000 or imprisonment for a term not exceeding 5 years, or both.
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PART 11
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Privilege in Relation to Official Documents Interpretation — Part 11.
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112.— (1) In this Part— “official document”, in relation to a House, means a document that has not been lawfully put into the public domain and is designated as an official document by or on behalf of the House in accordance with directions under section 113 issued by— (a) in the case of a document held by Dáil Éireann, the
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Part 11
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committee, (b) in the case of a document held by Seanad Éireann, the
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Part 11
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committee, (c) in the case of a document held by both Houses, both
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Part 11
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committees; “
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Part 11
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committee ”, in relation to a House, means the committee appointed by the House to perform the functions conferred on
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Part 11
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committees by this Part.
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(2)Nothing in the Part shall be construed to prejudice the power of each House to make rules and standing orders pursuant to Article 15.10 of the Constitution to create a protection for official documents referred to in that Article (and irrespective of whether the definition of “official document” provided for in such rules and standing orders overlaps, whether in whole or in part, with the definition of “official document” in this Part).
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(3)The assertion by a person of a privilege created by this Part in respect of a document shall not preclude the assertion by the person of any other privilege or protection in respect of the document.
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Directions relating to official documents.
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113.— (1) The
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Part 11
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committee may issue directions under this section specifying the categories of documents (other than documents relating to the financial entitlements of members, including expenses, or documents of the Oireachtas Commission) which are to be official documents.
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(2)The
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Part 11
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committee, in issuing directions under this section, shall have regard to— (a) the need to protect the efficient carrying out of the business of the House, (b) the need for the maximum transparency in relation to the activities of the House and papers of significant public interest held by the House, (c) the need to limit the categories of official document requiring protection to those the unauthorised disclosure of which would cause damage to the work of the House or its members, or both, and (d) any other matters that the committee considers relevant.
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Restriction on unauthorised access to official documents.
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114.— (1) A person shall not have access to, or require the disclosure of, an official document of a House other than— (a) with a consent in writing given in accordance with the rules and standing orders, or (b) subject to subsection (2), where it is determined by the Court, upon application being made to it under this section, that the access or disclosure, as the case may be, is relevant to the investigation of any offence alleged against a member, or is essential by virtue of an overriding public interest arising in the context of proceedings before a court, tribunal, commission or
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Part 2
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inquiry.
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(2)The Court shall, in determining under paragraph (b) of subsection (1) whether or not it should make an order providing for access to, or the disclosure of, an official document, have regard to— (a) the extent to which the document relates to a matter of public importance or public interest, (b) the rights and interests of any person affected, (c) the rights and interests of any other person who provided information to the House, (d) the rights and interests of any other person to whom the document relates, (e) the public interest in maintaining the confidentiality of the identity of persons who communicate with the House, (f) the public interest in maintaining the confidentiality of the contents of official documents, and (g) any other circumstances that the Court considers relevant.
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(3)Where under this section the Court orders access to, or the disclosure of, an official document, it shall determine the terms and extent of such access or disclosure, as the case may be.
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(4)Where the House is considering consenting under subsection (1)(a) to access to, or the disclosure of, an official document, it shall have regard to— (a) the extent to which the document relates to a matter of public importance or public interest, (b) the rights and interests of any person affected, and (c) any other circumstances that the House considers relevant.
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(5)Rules of court shall make provision for the manner in which an application to the Court under this section may be made.
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Disclosure of official document by way of evidence.
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115.— A person shall not be required to answer any question which would reveal, or would be likely to reveal, the content of an official document, whether created before or after the event or matter the subject of the question, the disclosure of which would be contrary to this Part, except in so far as may be necessary to enable the
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Part 11
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committee to issue directions under section 113 .
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Offences — Part 11.
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116.— (1) Where an official document of a House is knowingly or recklessly disclosed by a person other than a member and such disclosure is not authorised by a provision of this Part, the person is guilty of an offence.
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(2)Where a person discloses an official document of a House in contravention of subsection (1), any other person who publishes the document is guilty of an offence, regardless of how he or she acquired the document or the content of the document.
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(3)A person who is guilty of an offence under subsection (1) or (2) is liable— (a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 6 months, or both, or (b) on conviction on indictment, to a fine not exceeding €500,000 or imprisonment for a term not exceeding 5 years, or both.
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PART 12
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Evidence on Oath Power to examine witnesses and administer oaths.
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117.— (1) A House or committee may examine witnesses for the purposes of any of its functions including, without prejudice to the generality of the foregoing— (a) its functions under this Act, (b) its consideration of a Bill (including a private bill), and (c) any other function in respect of which the House or committee, as the case may be, considers it appropriate to examine a witness.
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(2)A House or committee may administer an oath to a witness examined before the House or committee, as the case may be.
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(3)An oath referred to in subsection (2) may be administered by— (a) in the case of a person to be examined before Dáil Éireann, the Ceann Comhairle or Clerk of Dáil Éireann or a person authorised in writing by the Ceann Comhairle or Clerk of Dáil Éireann to do so, (b) in the case of a person to be examined by Seanad Éireann, the Cathaoirleach or Clerk of Seanad Éireann or a person authorised in writing by the Cathaoirleach or Clerk of Seanad Éireann to do so, (c) in the case of a person to be examined by both Houses acting jointly, the Ceann Comhairle, Clerk of Dáil Éireann, Cathaoirleach or Clerk of Seanad Éireann or a person authorised in writing by the Ceann Comhairle, Clerk of Dáil Éireann, Cathaoirleach or Clerk of Seanad Éireann to do so, (d) in the case of a committee, the chairman of the committee or clerk of the committee or a person authorised in writing by the chairman or clerk to do so, or (e) a person authorised by rules and standing orders to do so in a case referred to in paragraph (a), (b), (c) or (d) that is applicable.
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Power to require evidence on oath.
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118.— A witness before a committee may be required by the committee to give his or her evidence to the committee on oath.
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Offences — Part 12.
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119.— (1) A person to whom an oath referred to in section 117
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(2)has been administered and who, whilst under that oath, knowingly or recklessly gives evidence which is false or misleading in a material particular, in the course of being examined by the House or committee concerned, is guilty of an offence.
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(2)A person guilty of an offence under subsection (1) is liable— (a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 6 months, or both, or (b) on conviction on indictment, to a fine not exceeding €500,000 or imprisonment for a term not exceeding 5 years, or both.
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PART 13
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Laying of Documents Definition of “statute”.
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120.— In this Part “statute” (except in paragraph (b) of the definition of “instrument in relation to which this section applies” in section 122
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(2)), means— (a) an Act of the Oireachtas, (b) an Act of the Oireachtas of Saorstát Éireann, or (c) an Act retained by, and referred to in a Schedule to— (i) the Statute Law Revision Act 2007 , (ii) the Statute Law Revision Act 2009 , or (iii) the Statute Law Revision Act 2012 , other than any such Act which has been repealed subsequent to such retention.
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Procedure for laying documents.
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121.— A reference in any statute to the laying of a document before a House shall be construed— (a) if the rules and standing orders of the House which are for the time being in force specify the action to be taken as constituting laying of the document before the House, as a reference to the taking of that action, and (b) if such rules and standing orders do not so specify, as a reference to the taking of such action as, by virtue of the practice which for the time being is followed by the House, is accepted as constituting laying of the document before the House.
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Provision of minimum period in relation to laying of certain documents.
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122.— (1) Where in accordance with a provision contained in any statute (whether passed before or after the commencement of this section)— (a) an instrument in relation to which this section applies may not come into force or may not take effect within a period after the laying of the instrument before a House, being a period not expressed in sitting days, (b) a proposed instrument in relation to which this section applies may not be made, issued, granted or given within a period after the laying of a draft of the instrument before a House, being a period not expressed in sitting days, or (c) an instrument in relation to which this section applies or a draft of a proposed such instrument may be annulled, disallowed or disapproved, or rendered such as not to have any force or such that no further proceedings are to be taken thereon, in whole or in part by or consequent upon action taken by a House within a period after the laying of the instrument or draft before the House, being a period not expressed in sitting days, then, in any case in which the laying before the House is effected after the commencement of this section, the period shall, if apart from this subsection it would expire earlier, be deemed not to have expired before the expiration of the relevant weeks.
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(2)In this section— “ instrument in relation to which this section applies ” means— (a) any order, regulation, rule, scheme, bye-law, warrant, licence, permit, certificate, direction or other like document, or (b) any statute for the government of a university or constituent college thereof, with respect to which the power or authority under which it may be made, issued, granted or given in, conferred by or under statute; “ relevant weeks ” means the following weeks: (a) either— (i) in case, in the week in which the laying before the House is effected, the House sits on any day later than the day on which the laying before it is effected, the week in which the laying before the House is effected, or (ii) in any other case, the first week, after the week in which the laying before the House is effected, in which the House sits; (b) the first week, after the week specified in paragraph (a), in which the House sits; (c) the first week, after the week specified in paragraph (b), in which the House sits; (d) the first week, after the week specified in paragraph (c), in which the House sits.
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(3)Notwithstanding section 5 , the Houses of the Oireachtas (Laying of Documents) Act 1966 shall continue to apply to instruments laid before a House until the commencement of subsections (1) and (2).
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PART 14
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Miscellaneous Offences by bodies corporate.
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123.— (1) Where an offence under this Act is committed by a body corporate and it is proved that the offence was committed with the consent or connivance, or was attributable to any wilful neglect, of a person who was a director, manager, secretary or other officer of the body corporate, or a person purporting to act in that capacity, that person, as well as the body corporate, is guilty of an offence and may be proceeded against and punished as if he or she were guilty of the first-mentioned offence.
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(2)Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director or manager of the body corporate.
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Proceedings in Court, etc.
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124.— (1) The Court shall give such priority as, having regard to all the circumstances, it reasonably can to the disposal of proceedings in the Court under this Act.
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(2)Subject to subsection (3), an application to the Court in relation to any relevant proceedings (including an application relating to judicial review), not being an application to the Court referred to in
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Part 9
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, shall be made not later than 14 days after the applicant has knowledge, or ought reasonably to have had knowledge, of the matter the subject of the application.
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(3)The Court may extend the period referred to in subsection (2) in respect of which an application referred to in that subsection may be made to it in any case where it is satisfied that there is good and sufficient reason for the extension.
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(4)(a) In any relevant proceedings, other than an application under
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, the Court shall not grant a stay (other than a stay on notice to the committee) on such proceedings if the Court is satisfied that the applicant concerned could have obtained the stay sought by way of proceedings under that Part. (b) If the Court is not so satisfied, the Court may grant an ex parte stay on such proceedings only— (i) where it is satisfied that it is essential in the interests of justice to do so, and (ii) for such period not exceeding 3 days as may be necessary to put the committee on notice of an application for an extension of the ex parte stay.
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Prosecutions.
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125.— (1) A prosecution for an offence under this Act may be brought only by or with the consent in writing of the Director of Public Prosecutions.
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(2)A summary offence under this Act may be prosecuted by the Oireachtas Commission acting with the consent in writing of the Director of Public Prosecutions.
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Legal proceedings not to fall on discontinuation of inquiry, etc.
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126.— (1) The discontinuation of a
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inquiry or other committee business, or the dissolution of Dáil Éireann or of the committee, or a general election for Seanad Éireann after the dissolution of Dáil Éireann, shall not of itself— (a) cause any criminal or other proceedings relating to the inquiry or other committee business, or the House or committee, that are pending or in progress to be discontinued or otherwise fall, or (b) otherwise prevent the prosecution of an offence committed prior to such discontinuation, dissolution or election, as the case may be.
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(2)When the committee or House cannot act because of a discontinuation, dissolution or general election referred to in subsection (1), the Oireachtas Commission shall act on behalf of the committee or House, as the case may be, in respect of proceedings referred to in paragraph (a) of that subsection or a prosecution referred to in paragraph (b) of that subsection.
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Restriction of Freedom of Information Acts 1997 and 2003.
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127.— (1) Without prejudice to the exemption for official documents and private papers, the Freedom of Information Acts 1997 and 2003 shall not apply to a record relating to a
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Part 2
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inquiry or other committee business unless— (a) the record was created before the inquiry or other committee business, as the case may be, commenced, or (b) the record relates to the expenses of the committee or other matters concerning the general administration of the committee.
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(2)subsection (1) applies whether the record concerned is held by— (a) the committee, (b) the Oireachtas Commission, (c) a tribunal or commission after being made available to it under section 29
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(3), or (d) any other House or committee after being transferred to it on the dissolution of a tribunal or commission to which the record was made available under section 29
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(3).
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(3)In this section “record” has the same meaning as in the Freedom of Information Acts 1997 and 2003.
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Amendment of Witnesses (Public Inquiries) Protection Act 1892.
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128.— The Witnesses (Public Inquiries) Protection Act 1892 is amended— (a) in section 1, by deleting “under the authority of any Royal Commission or by any committee of either House of Parliament, or”, and (b) in section 7, by deleting “any power or privilege possessed by either House of Parliament, or”.
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Amendment of section 21 of Companies Act 1990.
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129.—
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Section 21
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(1)of the Companies Act 1990 is amended by substituting the following paragraph for paragraph (fb): “(fb) for the purposes of the performance by a committee (being a committee within the meaning of the Houses of the Oireachtas (Inquiries, Privileges and Procedures) Act 2013 to which
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Part 3
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or 6, or
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Chapter 2
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or 3 of
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Part 7
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, or section 118 , of that Act applies) of any of its functions,”.
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Amendment of section 46 of Freedom of Information Act 1997.
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130.—
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Section 46
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(1)of the Freedom of Information Act 1997 is amended— (a) in paragraph (e), by substituting “confidential” for “confidential, or”, and (b) by inserting the following paragraph after paragraph (e): “(ea) a record relating to any private paper or confidential communication, within the meaning of
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Part 10
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of the Houses of the Oireachtas (Inquiries, Privileges and Procedures) Act 2013, or official document, within the meaning of
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Part 11
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of that Act, unless consent has been given under that Act for its disclosure, or”.
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Amendment of section 13 of Child Trafficking and Pornography Act 1998.
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131.—
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Section 13
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(a) of the Child Trafficking and Pornography Act 1998 is amended by substituting “ section 67 or 83 of the Houses of the Oireachtas (Inquiries, Privileges and Procedures) Act 2013” for “ section 3 of the Committees of the Houses of the Oireachtas (Compellability, Privileges and Immunities of Witnesses) Act 1997 ”.
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Amendment of section 17 of Defamation Act 2009.
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132.—
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Section 17
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(2)of the Defamation Act 2009 is amended by substituting “ section 18
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(3)or 78
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(2)of the Houses of the Oireachtas (Inquiries, Privileges and Procedures) Act 2013” for “ section 11
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(2)of the Committees of the Houses of the Oireachtas (Compellability, Privileges and Immunities of Witnesses) Act 1997 ”.
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Offences — Part 14.
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133.— (1) A person who threatens to inflict, or inflicts, injury, damage or loss on a witness, or who offers a reward, or rewards, a witness to a
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Part 2
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inquiry or other committee business— (a) with intent to influence, or in a manner calculated to influence, whether any such witness will give evidence or the nature, extent, duration or content of the evidence any such witness may give, or (b) without lawful excuse, in retaliation for, or in consequence of, the giving of evidence by any such witness, is guilty of an offence.
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(2)subsection (1) shall, with all necessary modification, apply to a member of a House or committee member or prospective committee member of a committee conducting or to conduct a
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Part 2
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inquiry or other committee business as it applies to a witness to an inquiry or other committee business respectively.
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(3)A person guilty of an offence under subsection (1) is liable— (a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 6 months, or both, or (b) on conviction on indictment, to a fine not exceeding €500,000 or imprisonment for a term not exceeding 5 years, or both.
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SCHEDULE Repeals
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Section 5
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.
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Citation
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(1)Short title
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(2)Extent of repeal
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(3)1471-72 (11 & 12 Edw. 4) c. 80 [P.R.O. vol. 3] Parliamentary Privilege Act 1471 The whole Act.
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1512 (4 Hen. 8) c. 8 Parliamentary Privilege Act 1512 The whole Act.
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1514 (6 Hen. 8) c. 16 Parliamentary Attendance Act 1514 The whole Act.
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1603 (1 Jas. 1) c. 13 Parliamentary Privilege Act 1603 The whole Act.
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1688 (1 Will. & Mary sess. 2) c. 2 Bill of Rights 1688 In the first section, the words “Freedom of Speech.
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That the Freedome of Speech and Debates of Proceedings in Parlyament ought not to be impeached or questioned in any Court or place out of Parlyament.”.
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1737 (11 Geo. 2) c. 24 Parliamentary Privilege Act 1737 The whole Act.
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1770 (10 Geo. 3) c. 50 Parliamentary Privilege Act 1770 The whole Act.
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1847 (10 & 11 Vict.) c. 69 House of Commons Costs Taxation Act 1847 The whole Act.
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1849 (12 & 13 Vict.) c. 78 House of Lords Costs Taxation Act 1849 The whole Act.
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1858 (21 & 22 Vict.) c. 78 Parliamentary Witnesses Act 1858 The whole Act.
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1865 (28 & 29 Vict.) c. 27 Parliamentary Costs Act 1865 The whole Act.
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1867 (30 & 31 Vict.) c. 136 Parliamentary Costs Act 1867 The whole Act.
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1871 (34 & 35 Vict.) c. 3 Parliamentary Costs Act 1871 The whole Act.
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1871 (34 & 35 Vict.) c. 83 Parliamentary Witnesses Oaths Act 1871 The whole Act.
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1879 (42 & 43 Vict.) c. 17 House of Commons Costs Taxation Act 1879 The whole Act.
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No. 52 of 1924 Private Bill Costs Act 1924 Sections 2 to 5.
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No. 53 of 1924 Oireachtas Witnesses Oaths Act 1924 The whole Act.
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No. 10 of 1966 Houses of the Oireachtas (Laying of Documents) Act 1966 The whole Act.
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No. 22 of 1970 Committee of Public Accounts of Dáil Éireann (Privilege and Procedure) Act 1970 The whole Act.
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No. 10 of 1976 Committees of the Houses of the Oireachtas (Privilege and Procedure) Act 1976 The whole Act.
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No. 32 of 1994 Select Committee on Legislation and Security of Dáil Éireann (Privilege and Immunity) Act 1994 The whole Act.
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No. 17 of 1997 Committees of the Houses of the Oireachtas (Compellability, Privileges and Immunities of Witnesses) Act 1997 The whole Act.
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No. 47 of 1998 Comptroller and Auditor General and Committees of the Houses of the Oireachtas (Special Provisions) Act 1998 The whole Act except sections 1, 12, 21 and 24(1) and (3).
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No. 16 of 2004 Committees of the Houses of the Oireachtas (Compellability, Privileges and Immunities of Witnesses) (Amendment) Act 2004 The whole Act.
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