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

Type Act

Publication 2013-07-24

Last updated 2025-04-02

State In force

Source Irish Statute Book

articles 133

Reform history JSON API

PART 1 Preliminary and General

1.. Short title and commencement.

1.— (1) This Act may be cited as the Houses of the Oireachtas (Inquiries, Privileges and Procedures) Act 2013.

(2) Subject to subsection (3), this Act shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision, and different days may be so appointed for different purposes and different provisions.

(3) Where the Minister proposes to make an order under subsection (2)—

(a) he or she shall cause a draft of the proposed order to be laid before each House, and

(b) he or she shall not make the order unless and until a resolution approving of the draft has been passed by each House.

2.. Interpretation — general.

2.— (1) In this Act—

“chairman”, in relation to a committee, includes any committee member for the time being acting as the chairman of the committee pursuant to section 21(6);

“civil servant” means a civil servant within the meaning of the Civil Service Regulation Act 1956;

“commission” means a commission established under the Commissions of Investigation Act 2004;

“committee” means either House sitting as a committee, a committee appointed by either House or a joint committee, and includes a sub-committee of any such committee and, in relation to relevant proceedings, means the committee conducting the proceedings;

“committee member”, in relation to a committee, means a member of the committee;

“Committee of Public Accounts” means the committee of Dáil Éireann established under the rules and standing orders of Dáil Éireann to examine and report to Dáil Éireann on the appropriation accounts and reports of the Comptroller and Auditor General;

“control”, in relation to a document, includes the ability to procure the document;

“controlled company or body” means a company or body under the control, within the meaning of section 11 of the Taxes Consolidation Act 1997, of—

(a) a company to which paragraph (a) of the definition of “relevant body” applies,

(b) a subsidiary to which paragraph (b) of that definition applies,

(d) a public service body to which paragraph (d) or (e) of the definition of “public body” applies;

“Court” means High Court;

“document” includes—

(a) a book, record or other written or printed material in any form (including in any electronic device),

(b) a map, plan or drawing,

(c) a disc, tape or other mechanical or electronic device in which data other than visual images are embodied so as to be capable, with or without the aid of some other mechanical or electronic equipment, of being reproduced from the disc, tape or other device,

(d) a film, disc, tape or other mechanical or electronic device in which visual images are embodied so as to be capable, with or without the aid of some other mechanical or electronic equipment, of being reproduced from the film, disc, tape or other device, and

(e) a copy of any thing which falls within paragraph (a),(b),(c) or (d);

“electronic device” includes any device which uses any electrical, digital, magnetic, optical, electromagnetic, biometric or photonic means, or other forms of related technology, or any combination thereof, to store or transmit data, or both store and transmit data;

“enactment” means an Act or statutory instrument or any portion of an Act or statutory instrument;

“evidence”, in relation to relevant proceedings, includes any expression, whether oral, written or otherwise, of an opinion, belief or intention given in respect of the proceedings;

“final report”, in relation to a Part 2 inquiry, means the final report under section 33(1) of the committee in respect of the matter the subject of the inquiry (and includes any evidence omitted from the printed version of the final report pursuant to section 33(4));

“give”, in relation to a document, includes send or produce the document;

“House” means a House of the Oireachtas and, in relation to a committee (other than a House sitting as a committee), means—

(a) subject to paragraph (b), the House of the Oireachtas which appointed the committee, and

(b) if the committee is a joint committee, both Houses of the Oireachtas;

“interim report”, in relation to a Part 2 inquiry, means an interim report under section 34(1)of the committee in respect of the matter the subject of the inquiry (and includes any evidence omitted from the printed version of the interim report pursuant to section 33(4) as read with section 34(2));

“joint committee” means—

(a) a committee appointed by both Houses in identical terms, or

(b) a committee appointed by a House joined together with another committee appointed by the other House;

“legal practitioner” means a person who is a practising barrister or practising solicitor and a reference to a solicitor includes a reference to a firm of solicitors;

“Minister” means Minister for Public Expenditure and Reform;

“Oireachtas Commission” means Houses of the Oireachtas Commission;

“other committee business” means any business, other than a Part 2 inquiry, conducted or to be conducted by a committee;

“ parliamentary legal costs adjudicator ” has the meaning assigned to it by section 42;

“Part 2 inquiry” means a section 7 inquiry, section 8 inquiry, section 9 inquiry, section 10 inquiry, section 11inquiry or section 16 inquiry conducted or to be conducted by a committee;

“public body” means—

(a) a Department of State,

(b) the Garda Síochána,

(d) a local authority within the meaning of the Local Government Act 2001,

(e) a body established by or under any enactment or charter other than the Companies Acts, or

(f) a relevant body specified by the Minister, in regulations made under subsection (8), as a relevant body which falls within this paragraph;

“publish”, in relation to a statement, utterance, allegation or document, means publish to the public or a section of the public;

“relevant body” means—

(a) a company established under the Companies Acts, a majority of the shares of which are held—

(i) by or on behalf of a Minister of the Government, or

(ii) by directors appointed by a Minister of the Government,

(b) a subsidiary, within the meaning of section 155 of the Companies Act 1963, of a company to which paragraph (a) applies,

(i) provided by the Oireachtas, or

(ii) from the Central Fund or the growing produce thereof,

(d) a controlled company or body specified by the Minister, in regulations made under subsection (9), as a controlled company or body which falls within this paragraph;

“relevant misbehaviour”, in relation to the committee conducting a Part 2 inquiry, means a finding of fact by the committee which falls within any of paragraphs (a) to (h) of section 14;

“relevant proceedings” means—

(a) a Part 2 inquiry, or

(b) other committee business;

“relevant report”, in relation to a Part 2 inquiry, means an interim report or the final report;

“rules and standing orders” means the rules and standing orders for the time being in force of either House relative to public business made by each House pursuant to Article 15.10 of the Constitution;

“section 7 inquiry” means an inquiry referred to in section 7(1);

“section 8 inquiry” means an inquiry referred to in section 8(1);

“section 9 inquiry” means an inquiry referred to in section 9(1);

“section 10 inquiry” means an inquiry referred to in section 10(1);

“section 11 inquiry” means an inquiry referred to in section 11(1);

“section 16 inquiry” means an investigation referred to in section 16(1)(a);

“termination”, in relation to a Part 2 inquiry, includes the termination of the inquiry effected by the House dissolving the committee;

“terms of reference”, in relation to a Part 2 inquiry which is not a section 16 inquiry, means the terms of reference for the inquiry set under section 13;

“tribunal” means a tribunal to which the Tribunals of Inquiry (Evidence) Acts 1921 to 2011 apply;

“witness”, in relation to relevant proceedings, includes a prospective witness.

(2) For the purposes of this Act, a document in the possession or control of a body corporate or an unincorporated body of any kind is considered, in the absence of evidence to the contrary, to be also in the possession or control of any individual who, because of his or her functions or position within the body corporate or the unincorporated body, as the case may be, can reasonably be expected to have possession or control of the document.

(3) Nothing in this Act shall be construed to prevent a person (including the committee) who is entitled under this Act to question a witness in the course of the proceedings of a Part 2 inquiry to so question the witness directly or through the person’s legal practitioner (if any).

(4)(a) A consent given under this Act by the House to a committee (other than a House sitting as a committee) may be given subject to such conditions and directions as are specified by the House at the time the consent is given.

(b) A consent given under this Act by a committee may be given subject to such conditions and directions as are specified by the committee at the time the consent is given.

(5) A reference in this Act to a person (howsoever described) informing a committee of a matter, or otherwise giving notice to a committee of a matter, is satisfied when the chairman of the committee is so informed or given such notice, and is so satisfied whether or not the other committee members are so informed or given such notice at the same or at another time.

(6) A reference in this Act to any matter the subject of relevant proceedings includes a reference to a person the subject of the proceedings.

(7) A reference in this Act to disclosing or publishing a document (howsoever described) includes a reference to disclosing or publishing, as the case may be, part of the document or all or part of the content of the document.

(8) The Minister may make regulations specifying that a relevant body is a relevant body which falls within paragraph (f) of the definition of “public body” in subsection (1).

(9) The Minister may make regulations specifying that a controlled company or body is a controlled company or body which falls within paragraph (d) of the definition of “relevant body” in subsection (1).

(10) Nothing in this Act shall be construed to prejudice the power of each House to make rules and standing orders consistent with this Act.

(11) In so far as is practicable, rules and standing orders shall be construed in a manner consistent with this Act.

3.. Expenses.

3.— The expenses incurred in the administration of this Act shall be paid out of moneys provided by the Oireachtas.

4.. Laying of regulations.

4.— Every regulation made under this Act shall be laid before each House as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

5.. Repeals.

5.— The enactments specified in columns (1) and (2) of the Schedule are repealed to the extent specified in column (3) of the Schedule.

PART 2 Types of Inquiries that may be Conducted

Chapter 1

6.. Application of Chapter 1.

6.— A reference in this Chapter to a Part 2 inquiry does not include a reference to a Part 2 inquiry which is a section 16 inquiry.

7.. Power of committee to conduct inquiry by way of recording evidence, etc.

7.— (1) Subject to sections 12(1) and 13(1), a committee may conduct an inquiry into any matter where, in respect of the matter, the inquiry consists only of—

(a) recording evidence,

(b) reporting the evidence,

(d) subject to subsection (3), making recommendations (if any) arising from one or both of the following:

(i) those findings of fact;

(ii) findings of fact made by another committee in conducting another Part 2inquiry if the terms of reference for that other Part 2 inquiry expressly state that its findings of fact may be used in other Part 2 inquiries.

(2) Subject to subsection (5), the committee, in exercise of the power to conduct a section 7 inquiry, shall not make any findings of fact except as to facts that are not contradicted by any witness or other person giving evidence in the course of—

(a) the proceedings of the inquiry, or

(b) the proceedings, of which the committee is aware, of a court, tribunal or commission.

(3) The committee shall not have the power referred to in paragraph (c) or (d)(i) or (ii) of subsection (1) unless the terms of reference for the section 7 inquiry expressly state that the committee has that power.

(4) Subject to section 66, the committee shall not have the power to send for persons, papers or records unless—

(a) that power has been conferred upon it pursuant to the applicable rules and standing orders, and

(b) the resolution under section 13(1) for the section 7 inquiry specifies that that power has been or will be conferred upon the committee.

(5) Subsection (2) shall not apply to a finding of fact which is relevant misbehaviour.

8.. Power of committee to conduct inquiry into legislative functions of either House or both Houses.

8.— (1) Subject to sections 12(1) and 13(1), a committee may conduct an inquiry relating to the exercise of one or more than one of the legislative functions of the House or, if the committee is a joint committee, both Houses, including whether there is a need for new legislation.

(2) The committee, in exercise of the power to conduct a section 8 inquiry, may—

(a) record evidence,

(b) report the evidence,

(d) subject to subsection (3), make recommendations (if any) arising from one or both of the following:

(i) those findings of fact (including a recommendation calling for the exercise, or the modification or restraint of the exercise, of any one or more of the legislative functions referred to in subsection (1) the subject of the inquiry);

(ii) findings of fact made by another committee in conducting another Part 2 inquiry if the terms of reference for that other Part 2 inquiry expressly state that its findings of fact may be used in other Part 2 inquiries.

(3) The committee shall not have the power referred to in paragraph (c) or (d)(i) or (ii) of subsection (2) unless the terms of reference for the section 8 inquiry expressly state that the committee has that power.

(4) Subject to section 66, the committee shall not have the power to send for persons, papers or records unless—

(a) that power has been conferred upon it pursuant to the applicable rules and standing orders, and

(b) the resolution under section 13(1) for the section 8 inquiry specifies that that power has been or will be conferred upon the committee.

9.. Power of committee to conduct inquiry into removal, etc., of certain officeholders.

9.— (1) Subject to sections 12(1) and 13(1), a committee may conduct an inquiry into the removal or proposed removal of an officeholder (howsoever described) pursuant to a relevant provision.

(2) The committee, in exercise of the power to conduct a section 9 inquiry, may—

(a) record evidence,

(b) report the evidence,

(c) subject to subsection (4), make findings of fact (if any), including findings of fact that directly impugn the good name of the officeholder to whom the inquiry relates or of relevant misbehaviour, and

(d) subject to subsection (4), make recommendations (if any) arising from one or both of the following:

(i) those findings of fact;

(ii) findings of fact made by another committee in conducting another Part 2 inquiry if the terms of reference for that other Part 2 inquiry expressly state that its findings of fact may be used in other Part 2 inquiries.

(3) Nothing in this section shall require a section 9 inquiry to be conducted before a resolution referred to in a relevant provision has been passed in circumstances where no breach of fair procedures would be occasioned by not conducting the inquiry.

(4) The committee shall not have the power referred to in paragraph (c) or (d)(i) or (ii) of subsection (2) unless the terms of reference for the section 9inquiry expressly state that the committee has that power.

(5) Subject to section 66, the committee shall not have the power to send for persons, papers or records unless—

(a) that power has been conferred upon it pursuant to the applicable rules and standing orders, and

(b) the resolution under section 13(1) for the section 9 inquiry specifies that that power has been or will be conferred upon the committee.

(6) In this section “relevant provision” means—

(a) Article 33.5 of the Constitution,

(b) Article 35 of the Constitution,

(c) section 39 of the Courts of Justice Act 1924, section 20 of the Courts of Justice (District Court) Act 1946 or any other enactment relating to the removal of a judge in his or her capacity as a judge,

(d) section 2(3)(b) of the Ombudsman Act 1980,

(e) section 9(2)(f) of the Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993,

(f) section 21 of the Ethics in Public Office Act 1995,

(g) paragraph 2(b) of the Second Schedule to the Freedom of Information Act 1997,

(h) paragraph 2(b) of the Second Schedule to the Official Languages Act 2003,

(i) F1[section 174(9) of thePolicing, Security and Community Safety Act 2024],

(j) section F2[12(5)] or 84 (5) of the Broadcasting Act 2009, or

(k) any other enactment relating to the removal of an officeholder and which requires a resolution of either House or both Houses for such removal, whether or not the officeholder concerned may also be removed from office by virtue of a provision referred to in any of paragraphs (a) to (j).

10.. Power of committee to conduct inquiry into conduct of member of House.

10.— (1) Subject to sections 12(1) and 13(1), a committee may conduct an inquiry into the conduct of a member of the House (including a member who may be removed from his or her office as such member pursuant to a relevant provision within the meaning of section 9(6)) in his or her capacity as such member.

(2) The committee, in exercise of the power to conduct a section 10 inquiry, may—

(a) record evidence,

(b) report the evidence,

(c) subject to subsection (3), make findings of fact (if any), including findings of fact that directly impugn the good name of the member of the House to whom the inquiry relates or of relevant misbehaviour, and

(d) subject to subsection (3), make recommendations (if any) arising from one or both of the following:

(i) those findings of fact;

(ii) findings of fact made by another committee in conducting another Part 2 inquiry if the terms of reference for that other Part 2 inquiry expressly state that its findings of fact may be used in other Part 2 inquiries.

(3) The committee shall not have the power referred to in paragraph (c) or (d)(i) or (ii) of subsection (2) unless the terms of reference for the section 10 inquiry expressly state that the committee has that power.

(4) Subject to section 66, the committee shall not have the power to send for persons, papers or records unless—

(a) that power has been conferred upon it pursuant to the applicable rules and standing orders, and

(b) the resolution under section 13(1) for the section 10 inquiry specifies that that power has been or will be conferred upon the committee.

(5) The committee shall not conduct a section 10 inquiry, or continue to conduct a section 10 inquiry, into the conduct of a member of the House in his or her capacity as such member if such conduct—

(a) is the subject of a complaint under section 8 of the Ethics in Public Office Act 1995, or

(b) is the subject of an investigation under section 9 of that Act.

11.. Power of committee to conduct inquiry into conduct of certain officeholders, etc.

11.— (1) Subject to sections 12(1) and 13(1), a committee of Dáil Éireann may conduct an inquiry into any matter relevant to—

(a) holding the Government to account under subsection 1° of Article 28.4 of the Constitution, or

(b) holding to account a person who is liable to being held to account by Dáil Éireann by virtue of—

(i) the terms of a contract entered into by the person, or

(ii) the terms of a statutory appointment held by the person.

(2) The committee, in exercise of the power to conduct a section 11 inquiry, may—

(a) record evidence,

(b) report the evidence,

(i) findings of fact that directly impugn the good name of—

(I) an officeholder (or former officeholder) of the Government in his or her capacity (or former capacity) as such officeholder,

(II) the chief executive officer (or equivalent, by whatever name called) of a public body that is subject to scrutiny by the Committee of Public Accounts,

(III) the Secretary General (or equivalent, by whatever name called) of a Department of State or an office or branch of the public service specified in column 1 of Part I, or in Part II, of the Schedule to the Public Service Management Act 1997, or

(IV) a person referred to in subsection (1)(b),

and

(ii) of relevant misbehaviour,

and

(d) subject to subsection (5), make recommendations (if any) arising from one or both of the following:

(i) those findings of fact;

(ii) findings of fact made by another committee in conducting another Part 2 inquiry if the terms of reference for that other Part 2 inquiry expressly state that its findings of fact may be used in other Part 2 inquiries.

(3) Subject to subsection (4), the committee, in exercise of the power to conduct a section 11 inquiry, may, in addition to inquiring into the conduct of a person who falls within any of clauses (I) to (IV) of subsection (2)(c)(i), also inquire into the conduct of—

(a) a civil servant (or former civil servant) in his or her capacity (or former capacity) as such civil servant,

(b) an official (or former official) of a public body referred to in subsection (2)(c)(i)(II) in his or her capacity (or former capacity) as such official, or

(c) other persons who acted on behalf of, or under the direction or control of, any officeholder who is the subject of the inquiry or on behalf of, or under the direction or control of, a civil servant (or former civil servant) or official (or former official) referred to in paragraph (a) or (b).

(4) Without prejudice to the generality of section 17(1)and (2), subsection (3) shall not entitle the committee to make findings of fact that directly impugn the good name of a person whose conduct may be inquired into by virtue of that subsection unless that person falls within any of clauses (I) to (IV) of subsection (2)(c)(i).

(5) The committee shall not have the power referred to in paragraph (c) or (d)(i) or (ii) of subsection (2) unless the terms of reference for the section 11 inquiry expressly state that the committee has that power.

(6) Subject to section 66, the committee shall not have the power to send for persons, papers or records unless—

(a) that power has been conferred upon it pursuant to the applicable rules and standing orders, and

(b) the resolution under section 13(1) for the section 11 inquiry specifies that that power has been or will be conferred upon the committee.

12.. Proposal by committee to conduct Part 2 inquiry.

12.— (1) Subject to subsection (3), a committee which proposes to conduct a Part 2 inquiry shall, in accordance with the rules and standing orders made by the House pursuant to subsection (2), give a notice in writing of the proposal for the inquiry (in this section referred to as the “relevant proposal”) to an individual or committee designated for the purposes of this subsection by those rules and standing orders.

(2) Each House shall make rules and standing orders in relation to designating a person (in this section referred to as the “designated person”) for the purposes of subsection (1) and may make rules and standing orders in relation to any of the following:

(a) specifying the matters to be contained in the relevant proposal;

(b) requiring the designated person to examine the relevant proposal and prepare a report on the relevant proposal (in this section referred to as the “relevant report”);

(d) specifying the procedures to be applied in the preparation of the relevant report;

(e) requiring a person (which may be the designated person) to consider the relevant report and make recommendations to the House in respect of such matters relating to the relevant report as are specified in the rules and standing orders, including, in particular, whether the proposed Part 2 inquiry the subject of the report should be held and, if so, by which committee and in what manner;

(f) making such other provision for the purposes of this section as the House considers appropriate.

(3) The House shall make the rules and standing orders referred to in subsection (1) not later than 50 sitting days after the commencement of this section.

(4) The House to which the relevant report (if any) is given shall consider the report and the recommendations (if any) referred to in subsection (2)(e) before it passes or declines to pass a resolution referred to in section 13(1) in respect of the proposed Part 2 inquiry the subject of the report.

13.. Setting of terms of reference for Part 2 inquiry.

13.— (1) A committee shall not conduct a Part 2 inquiry unless—

(a) subject to subsection (3), the House has, in accordance with the rules and standing orders made by the House pursuant to subsection (2), passed a resolution in respect of the inquiry (in this section referred to as the “terms of reference resolution”) specifying—

(i) whether the inquiry is a section 7 inquiry, section 8 inquiry, section 9 inquiry, section 10 inquiry or section 11 inquiry,

(ii) subject to section 66, whether the committee has or will have the power to send for persons, papers or records pursuant to the applicable rules and standing orders, and

(iii) such other matters as are set out in those rules and standing orders in so far as they relate to the terms of reference resolution,

and

(b) if the committee is a joint committee, the terms of reference resolution passed by each House are in identical terms.

(2) Each House may make rules and standing orders in relation to any of the following:

(a) without prejudice to the generality of section 12(2), specifying the matters to be considered by the House concerned prior to passing or declining to pass the terms of reference resolution, including the likelihood, if the resolution is passed, of the Part 2 inquiry the subject of the resolution prejudicing any criminal proceedings that are pending or in progress in the State or any criminal investigation that is currently being conducted in the State;

(b) setting out matters to be specified in the terms of reference resolution for the purpose of describing the scope of the Part 2 inquiry the subject of the resolution as precisely as is practicable;

(d) making such other provision for the purposes of this section as the House considers appropriate.

(3) The House shall make rules and standing orders referred to in subsection (1)(a) not later than 50 sitting days after the commencement of this section.

14.. Finding of failure to co-operate with Part 2 inquiry.

14.— The committee conducting a Part 2 inquiry may make a finding of fact that a named person (including any officeholder) has failed to fully co-operate with the inquiry by—

(a) failing to attend the inquiry as a witness when required under this Act to do so by the committee,

(b) attending the inquiry as a witness but refusing to answer a question (not being a question that the witness is entitled by law to refuse to answer) put to him or her by the committee,

(c) failing to give to the inquiry a document within his or her possession or control (not being a document that the person is entitled by law to withhold from the inquiry) when required under this Act to do so by the committee,

(d) giving evidence or a document to the inquiry that is false or misleading in a material particular,

(e) destroying, or attempting to destroy, evidence,

(f) influencing, or attempting to influence, witnesses,

(g) interfering with, or attempting to interfere with, witnesses, or

(h) otherwise obstructing or interfering with the inquiry in an unlawful manner.

Chapter 2

15.. Application of section 16.

15.— Section 16 applies when—

(a) a notice of motion referred to in Article 12.10.3 of the Constitution has been signed subject to and in accordance with the provisions of that Article,

(b) a resolution referred to in Article 12.10.4 of the Constitution has been supported subject to and in accordance with the provisions of that Article, and

(c) a charge under Article 12.10 of the Constitution has been preferred subject to and in accordance with the provisions of that Article.

16.. Committee may conduct investigation into charge under Article 12.10 of Constitution.

16.— (1) (a) Subject to paragraph (b) and subsection (4), when this section applies, a committee may investigate the charge under Article 12.10 of the Constitution by virtue of which this section applies.

(b) The other provisions of this Act shall, with all necessary modifications, apply to a section 16 inquiry in a manner consistent with and in adherence to Article 12.10 of the Constitution.

(2) The committee, in exercise of the power to conduct a section 16 inquiry, may—

(a) record evidence,

(b) report the evidence, and

(3) Subject to section 66, the committee shall not have the power to send for persons, papers or records unless that power has been conferred upon it pursuant to the applicable rules and standing orders.

(4)(a) Where the charge under Article 12.10 of the Constitution has been preferred by Dáil Éireann, the committee conducting the section 16 inquiry shall be Seanad Éireann or a committee appointed by Seanad Éireann.

(b) Where the charge under Article 12.10 of the Constitution has been preferred by Seanad Éireann, the committee conducting the section 16 inquiry shall be Dáil Éireann or a committee appointed by Dáil Éireann.

PART 3 Part 2 Inquiries to Observe Fair Procedures

17.. Findings of fact not to directly impugn person’s good name other than certain persons.

17.— (1) A reference in this Act (howsoever expressed) to the impugnment of the good name of a person in connection with a Part 2 inquiry is a reference to a finding of fact by the committee that directly impugns the good name only of a person against whom the committee may—

(a) if the inquiry is a section 7 inquiry, make such a finding pursuant to the relevant provisions of section 7,

(b) if the inquiry is a section 8 inquiry, make such a finding pursuant to the relevant provisions of section 8,

(d) if the inquiry is a section 10 inquiry, make such a finding pursuant to the relevant provisions of section 10,

(e) if the inquiry is a section 11 inquiry, make such a finding pursuant to the relevant provisions of section 11, and

(f) if the inquiry is a section 16 inquiry, make such a finding pursuant to the relevant provisions of section 16.

(2) Subject to subsection (3), the committee shall not—

(a) make findings which directly impugn the good name of a person other than in accordance with the provisions of this Act as read with subsection (1), or

(b) make findings of civil or criminal liability.

(3) The committee may—

(a) make a finding that any matter relating to systems, practices, procedures or policy or arrangements for the implementation of policy which fall within the subject of the Part 2 inquiry ought to have been carried out in a different manner,

(b) make recommendations in relation to a matter referred to in paragraph (a), or

(4) Where a finding of fact of the committee is of relevant misbehaviour, the committee shall, in the finding of fact—

(a) give particulars of the matter occasioning that finding of fact, and

(b) give an assessment of the prejudice (if any) caused to the Part 2 inquiry by that matter.

18.. Privileges and immunities of witnesses.

18.— (1) (a) Subject to subsections (2) and (3) and section 94 (where paragraph (a) of subsection (6) of that section applies), a person whose evidence has been, is being or is to be given before a Part 2 inquiry, or who gives a document to the inquiry, whether voluntarily or pursuant to a direction under this Act—

(i) has the same immunities and privileges in respect of that evidence or document, and

(ii) is, in addition to the penalties provided by this Act, subject to the same liabilities,

as a witness to proceedings in the Court.

(b) Subject to subsections (2) and (3) and section 94 (where paragraph (a) of subsection (6) of that section applies), a person who is directed under this Act to give evidence or a document to a Part 2 inquiry or to attend before the inquiry and there to give evidence or a document—

(i) has the same immunities and privileges in respect of that evidence or document, and

(ii) is, in addition to the penalties provided by this Act, subject to the same liabilities,

as a witness to proceedings in the Court.

(2) subsection (1) shall not entitle a person to refuse to answer a question or furnish a document on the grounds that it would incriminate the person or any other person.

(3) Where a witness (not being a member of either House) who is giving evidence to a Part 2 inquiry in relation to a particular matter is directed by the chairman of the committee to cease giving such evidence, the witness shall be entitled only to qualified privilege in relation to defamation in respect of any evidence given after the giving of the direction unless and until the chairman withdraws the direction.

(4) Where it is determined that the privilege relied on as grounds for refusing to give a document applies to part only of the information in a document, the person directed to give the document shall cause to be prepared a redacted version, or a summary version, or both, as directed by the committee, of the document that excludes that privileged information, but only if—

(a) the document so allows, and

(b) in the committee’s opinion, it is in the best interests of the Part 2 inquiry and of fair procedures to do so.

(5) Where a person causes a redacted version, or a summary version, or both, of a document to be prepared in accordance with this section, the redacted version, or the summary version, or both, as the case requires, forms part of the evidence received by the Part 2 inquiry.

19.. Guidelines relating to procedures of Part 2 inquiry.

19.— (1) Subject to subsection (2), the section 19 committee may issue guidelines under this section, not inconsistent with this Act, relating to the procedures of Part 2 inquiries.

(2) For the purposes of the considerations to be taken into account in promoting the objectives of fair procedures and the efficient and cost-effective running of Part 2inquiries, guidelines under this section may include guidelines relating to—

(a) procedures applicable to witnesses,

(b) any distinctions which may be drawn between procedures applicable to all witnesses and those against whom allegations are made,

(d) protocols for committees (including committee members) or a class of committees (including a class of committee members) in their dealings with the media both immediately before the commencement of, during the course of, and after the termination of, Part 2 inquiries,

(e) protocols for the chairmen of committees or a class of such chairmen in their dealings with witnesses and other committee members,

(f) the information to be provided to witnesses, including matters relating to non-cooperation with the inquiry and offences under this Act, or

(g) to the extent practicable, achieving a balance between committee members as regards their respective political affiliations.

(3) Guidelines issued under this section shall not prejudice the generality of any rules and standing orders.

(4) In this section—

“procedures” includes conduct;

“section 19 committee” means the committee designated by the rules and standing orders of the House as the committee which may issue guidelines under this section.

20.. Power of chairman of committee to give directions, etc.

20.— (1) The chairman of the committee shall be entitled to give such directions as he or she considers appropriate to avoid a contravention of this Act from occurring in the conduct of the Part 2 inquiry.

(2) Without prejudice to the generality of subsection (1) or section 23(1), directions under subsection (1) may include—

(a) a direction to a witness to cease giving evidence or, after such cesser, to start giving evidence again, or

(b) a direction to a committee member to cease particular questioning.

(3) Without prejudice to any other action that may be taken in respect of a breach of privilege by a committee member during the course of the conduct of the Part 2 inquiry, the House may by resolution remove a committee member from the committee—

(a) for contravening a direction given to him or her pursuant to subsection (2)(b), or

(b) in the event of it being established, in accordance with the rules and standing orders of the House, that the member has, otherwise than by virtue of a contravention referred to in paragraph (a), contravened a requirement of this Act applicable to the inquiry.

(4) The House may by resolution remove a committee member from, or add a member of the House to, the committee in accordance with the rules and standing orders of the House.

(5) A member who has been added to the committee after the committee has started conducting the Part 2 inquiry shall have regard to—

(a) each interim report (if any) of the committee made by the committee before he or she became a committee member, and

(b) evidence received by the committee before he or she became a committee member.

(6) The removal of a committee member shall not for that reason alone invalidate the proceedings of the Part 2 inquiry up to the point of such removal and the inquiry may continue to be conducted without the former committee member.

(7) A failure by a person to comply with a direction given under this section shall not of itself prejudice the further conduct of the Part 2 inquiry.

21.. Member not to be committee member where perception of bias might arise.

21.— (1) A member of the House shall not be, or continue to be, a committee member if by reason of—

(a) subject to subsection (8), his or her connection or dealings with any matter the subject of the Part 2 inquiry,

(b) his or her utterances on the matter the subject of the inquiry, or

a perception of bias might arise in a reasonable person aware of that connection, or those dealings, utterances or other relevant circumstances, as the case may be.

(2) Where there is a doubt as to whether subsection (1) applies in the case of a member of the House, the House shall decide the matter as soon as is practicable.

(3) A committee member shall recuse himself or herself from the Part 2 inquiry if, during the course of the conduct of the inquiry, by reason of—

(a) his or her connection or dealings with any matter the subject of the inquiry,

(b) his or her utterances on the matter the subject of the inquiry, or

a perception of bias might arise in a reasonable person aware of that connection, or those dealings, utterances or other relevant circumstances, as the case may be.

(4) Where a committee member fails to recuse himself or herself from the Part 2 inquiry pursuant to subsection (3), the member may be removed from the committee in accordance with the rules and standing orders of the House.

(5) Where a committee member ceases to be a committee member by virtue of the operation of this section, the cesser shall not for that reason alone invalidate the proceedings of the Part 2 inquiry up to the point of such cesser and the inquiry may continue to be conducted without the former committee member.

(6) Where a committee member who is the chairman of the committee is, for whatever reason, temporarily unable to perform the functions of the chairman, the other committee members shall select, from amongst their number, in such manner as they consider appropriate, a committee member to act as the chairman of the committee for the time being.

(7) Where a committee member who is the chairman of the committee ceases to be a committee member by virtue of the operation of this section, or for any other reason, the House shall, by resolution, appoint a chairman from amongst the remaining committee members.

(8) The fact that a member of the House has any connection or dealings with any matter that is the subject of the Part 2 inquiry shall not of itself mean that a perception of bias might arise in a reasonable person aware of that connection, or those dealings, as the case may be.

22.. Rights of witness to Part 2 inquiry, etc.

22.— (1) Subject to Part 5, a witness to a Part 2 inquiry has the right to—

(a) be accompanied by his or her legal practitioner while giving evidence, and

(b) attend and be accompanied by his or her legal practitioner during—

(i) any public session of the inquiry, or

(ii) the giving of evidence by any other witness where, in the opinion of the chairman of the committee conducting the inquiry, that other witness is relevant to the first-mentioned witness.

(2) An officeholder who is the subject of a section 9 inquiry has the right to attend any session of the inquiry where evidence is being given.

23.. Action to be taken where good name of person is directly impugned.

23.— (1) Where, during the course of the conduct of the Part 2 inquiry, the chairman of the committee is of the opinion that the good name of a person is being, or is likely to be, directly impugned, in contravention of a provision of this Act, by a witness or committee member, the chairman shall—

(a) direct the witness or committee member, as the case may be—

(i) to cease giving the evidence or making the utterance concerned, or

(ii) to not give the evidence or make the utterance concerned,

and

(b) if paragraph (a)(i) applies, direct that the allegation constituting such impugnment shall not be published.

(2) The privilege against defamation in relation to proceedings before the Part 2 inquiry shall not apply to a publication by a person (not being a member of a House) of an allegation referred to in subsection (1) made by a witness.

24.. Right to good name of person in respect of whom committee is entitled to make finding that directly impugns good name.

24.— (1) Where, during the course of the conduct of the Part 2 inquiry, the good name of a person is to be, or is likely to be, directly impugned by a witness, and the person is a person against whom the committee is entitled to make a finding directly impugning his or her good name, the person has the right to—

(a) be given advance notice in writing of the evidence proposed to be given against him or her in so far as such evidence is reasonably ascertainable,

(b) cross-examine the witness (or any other witness who is relevant to such impugnment) for the purpose of challenging the allegation, whether by his or her legal practitioner or otherwise,

(d) call witnesses to answer the allegation,

(e) make a submission at the close of evidence, and

(f) subject to subsection (2), request the committee—

(i) to direct specified persons to attend before the inquiry to give evidence, and

(ii) to procure, by direction, the giving of specified documents to the inquiry.

(2) The committee may comply with a request under subsection (1)(f) made to it and shall do so if it considers that, having regard to the requirement to observe fair procedures, it is necessary or expedient to do so.

25.. Other persons identified in evidence.

25.— (1) Where, during the course of the conduct of the Part 2 inquiry, a person who is not present at the inquiry is referred to by name or in such other manner as to be capable of being identified, the committee shall, if, having regard to the requirement to observe fair procedures, it considers it appropriate to do so, cause a transcript of the relevant part of the proceedings to be given to the person.

(2)(a) Where a person referred to in subsection (1) is of the opinion that a mistake of fact or misstatement (including a misstatement by the omission of necessary or relevant context) has been made affecting him or her, he or she may, within 14 days after being given the transcript concerned (or within such longer period (if any) as may be specified by the committee), give a statement of evidence in writing and give relevant documents to the committee.

(b) The committee may, subject to subsection (3), permit the 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.

(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.

26.. Notice of intention to exercise powers under Part 6 relating to compellability.

26.— (1) Where the committee intends to exercise against a person powers under Part 6 relating to compellability—

(a) it shall give a notice in writing to the person of its intention to so exercise such powers and the proposed extent of such exercise, and

(b) inform the person of his or her entitlement under subsection (2), whether by attaching a copy of this section to the notice or otherwise.

(2) A person who has been given a notice under subsection (1) shall be entitled to give oral submissions or submissions in writing, or both, to the committee, within 14 days after being given the notice (or within such longer period (if any) as may be specified by the committee), as to whether the powers under Part 6 relating to compellability should be exercised by the committee against him or her and, if so, to what extent.

(3) The committee shall not exercise against a person powers under Part 6 relating to compellability until the expiration of the period concerned referred to in subsection (2) and after taking into account the submissions (if any) referred to in that subsection given by the person.

27.. Standard of proof.

27.— Where the committee is entitled under this Act to make findings of fact (including a finding that directly impugns the good name of a person or of relevant misbehaviour)—

(a) the standard of proof in respect of any such findings is that applicable to civil proceedings, and

(b) the committee shall give its reasons in writing for the findings.

28.. Duty to inform witness of committee’s powers and to advise witness, etc.

28.— (1) The committee shall, before a person gives evidence to the committee, whether voluntarily or on being directed by the committee to do so—

(a) give the person a copy of this Act, and

(b) give the person a statement in writing advising the person that, if he or she does not co-operate with the Part 2 inquiry, or ceases to co-operate with the inquiry, the committee may exercise, in respect of that person, such of its powers set out in this Act as it considers necessary or appropriate.

(2) Where any witness giving evidence in the course of the proceedings of a Part 2 inquiry gives evidence which the committee is satisfied contradicts evidence previously given in the course of any specified proceedings (in this subsection referred to as the “previous evidence”), the committee shall, as soon as it is practicable to do so, put the previous evidence to the witness.

(3) The committee shall cause the cross-examination of a witness to occur forthwith after the witness has given evidence to the Part 2 inquiry (including any case where the evidence was given otherwise than in public) unless it is not practicable to do so.

(4) In subsection (2) “specified proceedings”, in relation to a Part 2 inquiry, means—

(a) the proceedings of the committee conducting the inquiry,

(b) the proceedings, of which that committee is aware, of another committee conducting a Part 2 inquiry,

(d) the proceedings, of which that committee is aware, of a court, tribunal or commission.

29.. Evidence given or sent to committee not admissible in certain proceedings.

29.— (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 Part 2 inquiry;

(b) a document given or sent to the committee pursuant to a direction, under this Act, 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, under this Act, 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 inquiry;

(e) a relevant report.

(2) A document that is otherwise available and was not created for the purposes of the Part 2 inquiry will not be inadmissible as evidence in any proceedings (including disciplinary proceedings) by virtue of this section.

(3) Subject to provisions in this Act regarding confidentiality, the House may resolve to make documents of the Part 2 inquiry available to another statutory authority (not being a court or disciplinary body) in accordance with rules and standing orders.

30.. Preservation of relevant material.

30.— (1) subsection (2) applies to a relevant person and relevant material—

(a) upon and after the establishment of a Part 2 inquiry and regardless of whether the relevant material came into the relevant person’s possession or control after the establishment of the inquiry, and

(b) before the establishment of the inquiry in circumstances where it can reasonably be inferred that the establishment of the inquiry must have been apprehended by the relevant person.

(2) The relevant person shall preserve the relevant material—

(a) until the finalisation of the final report of the Part 2 inquiry concerned or upon the termination of the inquiry, whichever first occurs, or

(b) if, before the final report has been finalised or before the termination of the inquiry—

(i) a tribunal is established to inquire into all or part of the matter the subject of the inquiry, until the tribunal has completed its inquiry, or

(ii) a commission is established to investigate all or part of the matter the subject of the inquiry, until the commission has completed its investigation.

(3) In this section—

“relevant material”, in relation to a Part 2 inquiry, means a document, or other information in any form, relating to any matter within the terms of reference for the inquiry;

“relevant person”, in relation to relevant material, means a person who has the relevant material in his or her possession or control.

31.. Inquiry to be held in public.

31.— (1) The taking of evidence during the Part 2 inquiry shall be conducted in public and may be broadcast to the public except in any case where—

(a) the committee is satisfied that it is desirable for the purposes of the inquiry or fair procedures to hear all or part of the evidence of a witness, or matters related to that evidence, otherwise than in public, or

(b) the chairman of the committee gives a direction, in the interests of fair procedures, to discontinue the broadcasting or public sitting.

(2) The deliberations of the committee in respect of the inquiry shall be done otherwise than in public unless otherwise determined by the committee.

(3) Privilege against defamation shall not apply to the publication by a person (not being a member of a House) of evidence given, or a deliberation done, otherwise than in public contrary to this section.

32.. Offences — Part 3.

32.— (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.

(2) Where a contravention of section 30 occurs, the person who did the act (or made the omission) concerned knowing that it would result, or being reckless as to whether it would result, in such contravention is guilty of an offence.

(3) A person 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.

PART 4 Reports and Certain Confidential Documents Concerning Part 2 Inquiries

33.. Final reports.

33.— (1) Subject to subsections (2)to (5), the committee shall, on the conclusion of the Part 2 inquiry, prepare and give to the House a final report in writing, based on the evidence received by the committee, setting out the evidence and the findings of facts (if any), including of relevant misbehaviour, made by the committee in relation to the matter the subject of the inquiry and (if the terms of reference for the inquiry so permit) such recommendations (if any) as the committee considers appropriate.

(2) The committee may omit from the final report any information that identifies or that could reasonably be expected to lead to the identification of a person who gave evidence to the committee or any other person if, in the committee’s opinion—

(a) disclosure of the information could 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,

(b) disclosure of the information would be prejudicial to the Part 2 inquiry or any subsequent investigation or inquiry (whether under this Act or another Act) that has been commenced before the giving of the final report to the House,

(c) it would be prejudicial to the person to have his or her identity made public and the omission of the information would not be prejudicial to the inquiry or any subsequent investigation or inquiry (whether under this Act or another Act) that has been commenced before the giving of the final report to the House,

(d) it would not be in the interests of justice to disclose the information, or

(e) for any other compelling reason, such information should be omitted.

(3) The references to “findings of fact” and “recommendations” in subsection (1) also include references to findings of fact and recommendations covered by an interim report given to the House by the committee.

(4) The committee may, at its discretion, omit from the printed version of the final report any evidence referred to in subsection (1) if—

(a) the evidence was not given orally to the committee,

(b) the committee ensures that the evidence omitted is readily accessible by members of the public (whether by the Internet or otherwise) for not less than 3 years commencing from the publication of the printed version of the final report, and

(c) the printed version of the final report clearly states how members of the public may readily have access to the omitted evidence.

(5) Where the committee is a House—

(a) the words “and give to the House” shall be deemed to be omitted from subsection (1), and

(b) the words “finalisation of the final report” shall be deemed to be substituted for the words “giving of the final report to the House” in paragraphs (b) and (c) of subsection (2).

34.. Interim reports.

34.— (1) (a) Subject to subsection (3), the House may, at any time before it is given the final report, request the committee to give it interim reports in writing in accordance with rules and standing orders.

(b) The committee (not being a House) may, at any time before it gives the final report to the House, give the House interim reports in writing in accordance with rules and standing orders.

(2) Section 33(2) and (4) shall, with all necessary modifications, apply to an interim report as it applies to the final report.

(3) Where the committee is a House, the words “committee may, at any time before it prepares the final report, prepare” shall be deemed to be substituted for the words “House may, at any time before it is given the final report, request the committee to give it” in subsection (1)(a).

35.. Draft of relevant report to be given to certain persons.

35.— (1) Subject to subsections (2) and (3) and section 94 (where paragraph (b) of subsection (6) of that section applies), the committee shall, before finalising a relevant report, give a draft of the report, or the part concerned of the report, to any person—

(a) who is named in, or would be identifiable in connection with, or significantly affected by, any proposed finding of fact or recommendation,

(b) against whom findings of fact are being made which directly impugn the good name of such person, or

(2) The draft report shall set out the findings of fact required by section 33 or 34, as the case requires, and recommendations, or such of those facts and recommendations as are relevant to the part concerned of the draft report.

(3) The draft report or part concerned of the draft report shall be accompanied by a notice in writing from the committee specifying the time allowed for making requests in writing under section 38(1), or giving statements under section 39(1), to the committee.

(4) Sections 36 to 39 shall, with all necessary modifications, apply to a part of a draft report given to a person by the committee under this section as they apply to a draft report given to a person by the committee under this section.

36.. Confidentiality of draft reports.

36.— (1) A person who is given a draft report by the committee under section 35 shall not disclose it, or divulge in any way that the draft report has been given to that person, other than—

(a) with the prior consent in writing of the committee,

(b) to the extent necessary for the purposes of an application to the Court, or in any proceedings of the Part 2 inquiry, or

(2) Privilege against defamation shall not apply to a draft report published by a person (not being a member of a House) in contravention of subsection (1).

37.. Confidentiality of other documents.

37.— (1) A person who is given a document (not being a draft report under section 35) by the committee relating to the Part 2 inquiry where the committee has indicated that the document is confidential shall not disclose it, or divulge in any way that the document has been given to that person, other than—

(a) with the prior consent in writing of the committee,

(b) to the extent necessary for the purposes of an application to the Court, or in any proceedings of the Part 2 inquiry, or

(2) Privilege against defamation shall not apply to a document published by a person (not being a member of a House) in contravention of subsection (1).

38.. Preserving confidentiality of commercially sensitive information.

38.— (1) A person who is given a draft report by the committee under section 35 may, within a period specified by the committee, request in writing the committee to omit from the draft report any information provided by the person to the committee—

(a) that the person considers to be commercially sensitive, and

(b) the disclosure of which is not, in the person’s opinion, necessary for the purposes of the Part 2 inquiry.

(2) The committee, after considering a request under subsection (1) made to it, shall review the draft report and may, if satisfied that the information is commercially sensitive and that its disclosure is not necessary for the purposes of the Part 2 inquiry, omit the information from the report.

(3) For the purposes of this section, information is commercially sensitive if its disclosure could reasonably be expected to—

(a) substantially and materially prejudice the commercial or industrial interests of—

(i) the person who provided that information to the committee,

(ii) the person to whom the information relates, or

(iii) a class of persons in which a person referred to in subparagraph (i) or (ii) falls,

(b) substantially prejudice the competitive position of a person in the conduct of the person’s business, profession or occupation, or

39.. Amending draft reports.

39.— (1) A person who is given a draft report by the committee under section 35 and who believes that—

(a) the committee has not observed fair procedures in the course of the conduct of the Part 2 inquiry in relation to him or her,

(b) the committee proposes to make a finding which is incorrect, misleading or irrelevant to the terms of reference for the inquiry and it is a finding in which he or she is concerned,

(c) the committee proposes to make a recommendation in which he or she is concerned which is inappropriate having regard to the evidence heard,

(d) a matter ought to have been omitted under section 38, or

(e) in any other respect the draft report does not comply with this Act,

may, within 14 days after he or she has been given the draft report (or such longer period (if any) as may be specified by the committee), give to the committee a statement in writing setting out the reasons for that belief and requesting the committee to review the draft report having regard to the statement.

(2) The committee, after considering a statement given under subsection (1) to it and reviewing the draft report, may hear further evidence if it considers it appropriate to do so, and having heard such evidence (if any) as it considers appropriate, shall—

(a) amend the draft report, including by omitting any part of the draft report based on evidence received without observing fair procedures, or

(b) decline to make any amendments to the draft report.

(3) The committee shall, before preparing a relevant report, give a notice in writing of its decision under subsection (2) to any person concerned, including particulars of any amendments made under this section to any person who is concerned in the amendments.

(4) Subject to section 94 (in any case where paragraph (b) of subsection (6) of that section applies), the committee shall not finalise a relevant report before the expiry of 21 days after the date on which all notices under subsection (3) that are required to be given have been given to the persons concerned.

40.. Publication of final report and interim reports.

40.— (1) Subject to subsection (2) and section 95, the House—

(a) shall resolve that a final report given to it be published as soon as possible after it is so given, and

(b) may, at its discretion, resolve that an interim report given to it be published unless publication would hinder or impair the Part 2 inquiry.

(2) Where the committee is a House—

(a) the word “committee” shall be deemed to be substituted for the word “House” in subsection (1),

(b) the words “prepared by it be published as soon as possible after the report is finalised” shall be deemed to be substituted for the words “given to it be published as soon as possible after it is so given” in paragraph (a) of subsection (1), and

(c) the words “prepared by” shall be deemed to be substituted for the words “given to” in paragraph (b) of subsection (1).

41.. Offences — Part 4.

41.— (1) A person who contravenes section 36(1) is guilty of an offence.

(2) Any person, in addition to the person to whom a draft report was given under section 34, who publishes the draft report is guilty of an offence, regardless of how he or she acquired the draft report or its content.

(3) In any proceedings of a court relating to subsection (1) or (2), the court may order that all or part of such proceedings be held otherwise than in public, or may impose restrictions with regard to the disclosure in open court, publication or reporting of all or part of the content of the draft report concerned.

(4) A person who contravenes section 37(1) is guilty of an offence.

(5) Any person, in addition to the person to whom a document referred to in section 37(1) was given, who publishes the document is guilty of an offence, regardless of how he or she acquired the document or its content.

(6) In any proceedings of a court relating to subsection (4) or (5), the court may order that all or part of such proceedings be held otherwise than in public, or may impose restrictions with regard to the disclosure in open court, publication or reporting of the document concerned.

(7) A person guilty of an offence under subsection (1), (2), (4) or (5) 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.

PART 5 Part 2 Inquiry Legal Costs, Part 2 Inquiry Expenses and Private Bill Legal Costs

Chapter 1

42.. Definitions — Part 5.

42.— In this Part—

“certificate of costs”, in relation toChapter 2, means a certificate of costs referred to in section 52(1) and, in relation to Chapter 4, means a certificate of costs referred to in section 61(1);

“legal costs accountant” means a person who has regularly participated in the preparation and presentation of bills of costs on behalf of legal practitioners for taxation (or equivalent) of legal costs and has regularly attended before a Taxing Master (or equivalent) of such bills of costs;

“parliamentary legal costs adjudicator” means a legal costs accountant appointed under section 44(2) to carry out an adjudication referred to in section 51(1), 57(3) or 58(3);

“Part 2 inquiry expenses”, in relation to a Part 2 inquiry, means expenses incurred that arise from the inquiry and that are not Part 2 inquiry legal costs, and include such expenses incurred by a witness to, or other person affected by, the inquiry;

“Part 2 inquiry legal costs”, in relation to a Part 2 inquiry, means fees, charges, disbursements and other costs incurred that arise from the inquiry and that are for services of a legal nature provided by a legal practitioner;

“petitioner”, in relation to a private bill, means a person who, in accordance with such rules and standing orders (if any) as may be made for the purpose, submits to a House or committee a petition opposing the private bill or a provision of the private bill;

“private bill” means a bill promoted for the particular interest or benefit of a person, or which interferes with the private property of a person (otherwise than in the interest of the public generally and as a measure of public policy), and includes—

(a) a bill for the confirmation of a provisional order or other order,

(b) a public bill which is treated as subject to the rules and standing orders made jointly by Dáil Éireann and Seanad Éireann relative to private business, and

“private bill legal costs” means—

(a) private bill legal costs (petitioner), or

(b) private bill legal costs (promoter);

“private bill legal costs (petitioner)”, in relation to a private bill, means fees, charges, disbursements and other costs incurred by the petitioner that arise from opposition to the private bill and that are for services of a legal nature provided by a legal practitioner;

“private bill legal costs (promoter)”, in relation to a private bill, means fees, charges, disbursements and other costs incurred by the promoter that arise from the promotion of the private bill and that are for services of a legal nature provided by a legal practitioner;

“promoter”, in relation to a private bill, means the applicant in the application for the private bill and, in the case of a private bill which is not being promoted by a body corporate, includes—

(a) a person named in the private bill as a promoter of it, and

(b) a body corporate which would, if the provisions of the private bill were in force, be incorporated as a result;

“provisional order” means an order or scheme made under, and requiring confirmation by, an Act of the Oireachtas;

“specified”, in relation to a form or document, means specified under section 63;

“Taxing Master” means a Taxing Master of the Court.

43.. Estimate of sum of Part 2 inquiry legal costs and Part 2 inquiry expenses.

43.— (1) Subject to subsection (2), as soon as may be after a resolution referred to in section 13(1) has been passed in respect of a Part 2 inquiry (or, in the case of a Part 2 inquiry which is a section 16 inquiry, as soon as may be after section 16 applies and the committee that is to conduct the section 16 inquiry is identified), the committee shall prepare a report, to be placed before the House, containing an estimate, having regard to the guidelines (if any) issued under section 46, of the sum of Part 2 inquiry legal costs and Part 2 inquiry expenses to be incurred in conducting the inquiry.

(2) Where the committee is a House, the words “the chairman of” shall be deemed to be inserted in subsection (1) after the words “is identified),”.

44.. Parliamentary legal costs adjudicator.

44.— (1) The Minister shall establish a panel of legal costs accountants willing and able to act as a parliamentary legal costs adjudicator where section 51(1), 57(3) or 58(3) applies.

(2) Where section 51(1), 57(3) or 58(3) applies, the Minister may, at the request in writing of the Oireachtas Commission, appoint, from amongst the panel of legal costs accountants established under subsection (1), a legal costs accountant to carry out an adjudication referred to in that section.

(3) Subject to subsection (4), a parliamentary legal costs adjudicator shall be paid such fees for his or her services as a parliamentary legal costs adjudicator as are specified in writing by the Minister, either generally or in any particular case.

(4) The fees referred to in subsection (3) shall form part of the expenses of the Oireachtas Commission.

45.. Powers of parliamentary legal costs adjudicator.

45.— For the purposes of any adjudication under this Part, a parliamentary legal costs adjudicator may—

(a) examine under oath any party to such adjudication, and any witnesses who may be examined in relation thereto,

(b) receive any sworn affidavit, or

(c) call for the production of any document in the possession or control of any party to such adjudication relevant to the matters of such adjudication.

Chapter 2

46.. Oireachtas Commission to issue guidelines in respect of Part 2 inquiry legal costs.

46.— (1) The Oireachtas Commission may, after consultation with a Taxing Master and bodies representative of legal practitioners or of legal costs accountants, and such other persons as it considers appropriate, prepare and issue guidelines for the information of witnesses and other persons affected by Part 2 inquiries in respect of the recoupment of the Part 2 inquiry legal costs incurred in relation to Part 2 inquiries, and such guidelines may provide for one or more than one of the following:

(a) setting out general principles governing the payment of such costs consistent with the effective and efficient conduct of the inquiry;

(b) restricting the types of services, persons or other matters in respect of which payment may be made;

(2) A parliamentary legal costs adjudicator may on any adjudication of a signed bill of costs referred to in section 51(2)(a) allow all fair and reasonable Part 2 inquiry legal costs in respect of any matters not included in the guidelines prepared and issued pursuant to this section.

47.. Third party Part 2 inquiry legal costs in proceedings of Part 2 inquiry.

47.— (1) Subject to subsection (3), a witness whose good name is or may be directly impugned in the Part 2 inquiry may apply in the specified form to the Oireachtas Commission for an order that the witness be entitled, subject to the guidelines (if any) issued under section 46, to the recoupment of the Part 2 inquiry legal costs incurred by him or her in relation to the inquiry.

(2) An application under subsection (1) shall not, in the absence of exceptional circumstances, be decided upon until—

(a) after the final report of the committee has been finalised, or

(b) after the termination of the inquiry,

whichever first occurs.

(3) An application under subsection (1) may be refused in whole or in part if the circumstances referred to in section 48(1) or (4) apply.

(4)(a) A person may, at any time, apply to the committee for a determination as to whether he or she is a person whose good name is or may be directly impugned in the Part 2 inquiry.

(b) The committee shall—

(i) determine an application referred to in paragraph (a) as soon as is practicable after receiving it, and

(ii) cease to further inquire into the person who made the application until it has given the person a notice in writing of its determination.

48.. Award of Part 2 inquiry legal costs against third parties.

48.— (1) Subject to the guidelines (if any) issued under section 46 and to section 96(1) and (2), where the Oireachtas Commission believes, on the basis of the final report of the committee after it has been finalised by the committee, that the committee has incurred Part 2 inquiry legal costs that the committee would not otherwise have incurred as a result of a person—

(a) failing, without reasonable excuse, to comply with any direction under this Act,

(b) failing, without reasonable excuse, to comply with a requirement that the committee was entitled to issue,

(c) engaging in conduct that is unreasonably prolix, dilatory or evasive or which otherwise results in the Part 2 inquiry being needlessly prolonged or in unnecessary Part 2 inquiry legal costs being incurred,

(d) acting in a manner that has resulted in a finding of relevant misbehaviour being made in respect of him or her, or

(e) otherwise obstructing the inquiry,

the Oireachtas Commission may give a notice in writing to the person setting out that belief and the grounds for that belief and stating that, if one or more of those grounds are confirmed by the Court under section 96(2), the Oireachtas Commission intends to exercise its power under subsection (2) relating to the recoupment of such costs so incurred relating to those grounds so confirmed (including such costs arising from any delay in completing the Part 2 inquiry).

(2) Where under section 96(2) the Court has confirmed any grounds referred to in subsection (1), the Oireachtas Commission may make a request in writing (which request shall be accompanied by the relevant documents) to the person to whom those grounds so confirmed relate to pay to the Oireachtas Commission, not later than 60 days after the request is made, the amount specified in the request, being the Part 2 inquiry legal costs that the Oireachtas Commission believes that the committee has incurred relating to those grounds so confirmed.

(3) Where the person the subject of a request under subsection (2)—

(a) fails to comply with the request within the 60 days referred to in that subsection, or

(b) gives a notice in writing to the Oireachtas Commission that he or she objects to the amount specified in the request,

whichever first occurs, the Oireachtas Commission shall cause the Part 2 inquiry legal costs concerned to be adjudicated and ascertained by a parliamentary legal costs adjudicator (and, in any such case, the parliamentary legal costs adjudicator shall not be bound to treat the amount specified in the request as a maximum for the purposes of such adjudication and ascertainment).

(4) Subject to the guidelines (if any) issued under section 46, subsection (8) and section 96(1) and (2), where the Oireachtas Commission believes, on the basis of the final report of the committee after it has been finalised by the committee, that a person (in this section referred to as the “aggrieved person”) who has attended before or given evidence to the committee is adversely affected as a result of an act or omission referred to in any of paragraphs (a) to (e) of subsection (1) such that the aggrieved person has incurred Part 2 inquiry legal costs that would not otherwise have been incurred but for that act or omission, the Oireachtas Commission may, at the request in the specified form of the aggrieved person, give a notice in writing to the person, whose act or omission had that result, setting out that belief and the grounds for that belief and stating that, if one or more of those grounds are confirmed by the Court under section 96(2), the Oireachtas Commission intends to exercise its power under subsection (5) relating to the recoupment, on behalf of the aggrieved person, of such costs so incurred relating to those grounds so confirmed.

(5) Where under section 96(2) the Court has confirmed any grounds referred to in subsection (4), the Oireachtas Commission may make a request in writing (which request shall be accompanied by the relevant documents) to the person to whom those grounds relate to pay to the aggrieved person, not later than 60 days after the request is made, the amount specified in the request, being the Part 2 inquiry legal costs that the Oireachtas Commission believes that the aggrieved person has incurred relating to those grounds so confirmed.

(6) Where the person the subject of a request under subsection (5)—

(a) fails to comply with the request within the 60 days referred to in that subsection, or

(b) gives a notice in writing to the Oireachtas Commission that he or she objects to the amount specified in the request,

(7) A person may be requested to pay Part 2 inquiry legal costs under this section even though the act or omission that resulted in the request is punishable as contempt or as an offence against a provision of this Act or otherwise renders the person liable to civil proceedings under this Act, and the request shall not prevent the person being punished for contempt or the bringing of proceedings in respect of the offence or the act or omission concerned.

(8) Subject to section 96(5) and (6), where a request in the specified form referred to in subsection (4) is made to the Oireachtas Commission by the aggrieved person—

(a) it shall, not later than 45 days after the request is made, give a notice in writing to the aggrieved person of what action (which may be no action) it proposes to take in respect of the request and its reasons for such action, and

(b) if, as a result of that request, the Oireachtas Commission gives a notice referred to in subsection (4) or makes a request under subsection (5), it shall, at the same time as it gives the notice or makes the request, as the case may be, give a copy of it to the aggrieved person.

(9) The requests as to Part 2 inquiry legal costs which the Oireachtas Commission may make under this section include a request that a person shall pay any or any combination of the following:

(a) a proportion of another person’s such costs;

(b) a stated amount in respect of another person’s such costs;

(d) such costs incurred after the resolution referred to in section 13(1) in respect of the Part 2 inquiry was passed but before the inquiry commenced or, in the case of a Part 2 inquiry which is a section 16 inquiry, after section 16 applies and the committee that is to conduct the section 16 inquiry was identified but before the section 16 inquiry commenced;

(e) such costs relating to particular steps taken in or in relation to the inquiry by the committee;

(f) such costs relating only to a distinct part of the Part 2 inquiry;

(g) interest on such costs from or until a certain date or in respect of a specified period.

(10) In this section “relevant documents”, in relation to an amount specified in a request under subsection (2) or (5), means—

(a) a signed bill of costs, prepared in accordance with the guidelines (if any) issued under section 46, showing how that amount was calculated,

(b) a copy of this Part,

(d) a copy of the guidelines issued under section 46, and

(e) a copy of the order of the Court under section 96(2) making the confirmation concerned.

49.. Payment by Oireachtas Commission of Part 2 inquiry legal costs, etc.

49.— (1) Any Part 2 inquiry legal costs granted under this Chapter (other than such costs granted under section 48) shall be paid by the Oireachtas Commission as such costs are agreed between the Oireachtas Commission and the person to whom the costs are granted or, in the absence of such agreement, as adjudicated and ascertained by a parliamentary legal costs adjudicator.

(2) The Oireachtas Commission may request in writing the State Claims Agency to assist it in reaching an agreement referred to in subsection (1).

50.. Proceedings for recoupment of Part 2 inquiry legal costs.

50.— Subject to section 97, a person shall not initiate proceedings for the recoupment of any Part 2 inquiry legal costs awarded under this Chapter until the expiration of the later of—

(a) 3 months following delivery by the person of a signed bill of costs referred to in section 51(2)(a) upon the person to be charged, or

(b) if the bill of costs is referred for adjudication under section 51(1) during the 3 months referred to in paragraph (a), until they are finally certified.

51.. Application for assessment of Part 2 inquiry legal costs.

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