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

51.— (1) Subject to subsection (7), a party to whom payment of Part 2 inquiry legal costs under this Chapter is due, or a party who has been charged with, but who objects to, the Part 2 inquiry legal costs as stated in a bill of costs referred to in this Chapter, may apply in the specified form to the Oireachtas Commission, not later than 3 months after subsection (2)(a) has been complied with in respect of that bill of costs, for an adjudication of such costs by a parliamentary legal costs adjudicator.

(2)(a) An application under subsection (1) may only be made once a signed bill of costs has been delivered to the party to be charged with the costs.

(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.

(3) An application under subsection (1) shall be accompanied by a certified true copy of the bill of costs.

(4) 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.

(5) Pending adjudication, any proceedings brought to recover the Part 2 inquiry legal costs shall be stayed until such costs have been certified under section 52.

(6) A parliamentary legal costs adjudicator shall, on completion of the assessment in accordance with the guidelines (if any) issued under section 46, deliver to the parties an assessment of costs in writing.

(7) Where section 48(3) or (6) applies to a person the subject of a request under section 48(2) or (5), as the case may be, the Oireachtas Commission shall act under subsection (1) as if the person had made an application referred to in that subsection in respect of the Part 2 inquiry legal costs concerned, and the other provisions of this section shall, with all necessary modifications, be construed accordingly.

52.. Certificate of costs.

52.— (1) Following an assessment under section 51 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of law has been referred to the Court under section 98 or, if such a reference has been made, the reference has been withdrawn or abandoned or determined by the Court, on application by the party concerned, the Oireachtas Commission shall issue a certificate of costs.

(2) The certificate of costs shall be treated for the purposes of any proceedings as evidence of—

(a) the matters to which the Part 2 inquiry legal costs relate,

(b) the amount of Part 2 inquiry legal costs allowed on the assessment, and

(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 such costs (or part of such costs), 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.

(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.

(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.

(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.

Chapter 3

53.. Oireachtas Commission to issue guidelines in respect of Part 2 inquiry expenses.

53.— (1) The Oireachtas Commission may, after consultation with such 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 expenses 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 expenses;

(b) restricting the types of matters for which payment may be made;

(d) the documentary evidence required to show that such expenses have been so incurred.

(2) The Oireachtas Commission may allow all reasonable Part 2 inquiry expenses in respect of any matters not included in the guidelines prepared and issued pursuant to this section.

54.. Payment by Oireachtas Commission of Part 2 inquiry expenses.

54.— (1) Subject to the guidelines (if any) issued under section 53, a witness in, or other person affected by, the proceedings of a Part 2 inquiry may apply in the specified form to the Oireachtas Commission to be paid the Part 2 inquiry expenses incurred by him or her.

(2) Subject to the guidelines (if any) issued under section 53 and to section 67(3), the Oireachtas Commission may pay, out of moneys provided by the Oireachtas, the reasonable Part 2 inquiry expenses the subject of an application under subsection (1).

(3) An application under subsection (1) may be refused in whole or in part if the circumstances referred to in section 55(1) or (2) apply.

55.. Award of Part 2 inquiry expenses against third parties, etc.

55.— (1) Subject to section 96(3) and (4), where the Oireachtas Commission believes that the committee has incurred Part 2 inquiry expenses 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 expenses 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, after the finalisation of the final report, direct in writing (which direction shall be accompanied by the relevant documents) the person to pay to the Oireachtas Commission such expenses (including such expenses arising from any delay in completing the Part 2 inquiry).

(2) Subject to the guidelines (if any) issued under section 53, subsection (5) and section 96(3) and (4), where the Oireachtas Commission believes 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 expenses that would not otherwise have been incurred but for that act or omission, the Oireachtas Commission may, after the finalisation of the final report and at the request in the specified form of the aggrieved person, direct in writing (which direction shall be accompanied by the relevant documents) the person whose act or omission had that result to pay to the aggrieved person such expenses.

(3) Subject to section 96(3) and (4), any sum payable pursuant to a direction under subsection (1) or (2) may be recovered as a simple contract debt in any court of competent jurisdiction.

(4) A person may be directed to pay Part 2 inquiry expenses under this section even though the act or omission that resulted in the direction 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 direction 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.

(5) Subject to section 96(5) and (6), where a request in the specified form under subsection (2) 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 reason for such action, and

(b) if, as a result of that request, the Oireachtas Commission gives a direction referred to in subsection (2), it shall, at the same time as it gives the direction, give a copy of it to the aggrieved person.

(6) The directions as to Part 2 inquiry expenses which the Oireachtas Commission may give under this section include a direction that a person shall pay any or any combination of the following:

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

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

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

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

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

(7) In this section “relevant documents”, in relation to Part 2 inquiry expenses specified in a direction under subsection (1) or (2), means—

(a) in the case of a direction under subsection (1), a breakdown of the matters in respect of which such expenses were incurred and the amount of such expenses attributable to each such matter,

(b) in the case of a direction under subsection (2), a breakdown, prepared in accordance with the guidelines (if any) issued under section 53, of the matters in respect of which such expenses were incurred and the amount of such expenses attributable to each such matter,

(d) a copy of Part 9,

(e) a copy of the guidelines (if any) issued under section 53, and

(f) a copy of the order of the Court under section 96(3) making the confirmation concerned.

Chapter 4

56.. Oireachtas Commission to issue guidelines in respect of private bill legal costs.

56.— (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 promoters and petitioners in respect of the recoupment of private bill legal costs, 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 proceedings of the Oireachtas on private bills;

(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 60(1)(a) allow all fair and reasonable private bill legal costs in respect of any matters not included in the guidelines prepared and issued pursuant to this section.

57.. Awarding of private bill legal costs (promoter) to promoters.

57.— (1) Subject to the guidelines (if any) issued under section 56, subsections (4) and (6) and section 96(1) and (2), where, in proceedings of the Oireachtas on a private bill—

(a) a committee decides that the preamble to the private bill is proved, and

(b) the committee has given the promoter a notice in writing stating—

(i) that the committee believes that the promoter has been vexatiously exposed to private bill legal costs (promoter) as a result of opposition to the private bill by a petitioner, and

(ii) setting out the grounds for that belief,

the Oireachtas Commission shall, at the request in the specified form of the promoter, give a copy of that notice to the petitioner together with a notice in writing (in this section referred to as the “relevant notice”) by the Oireachtas Commission 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, on behalf of the promoter, of such costs so incurred relating to those grounds so confirmed.

(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 petitioner to whom those grounds relate to pay to the promoter, not later than 60 days after the request is made, the amount specified in the request, being the private bill legal costs (promoter) that the Oireachtas Commission believes that the promoter has incurred relating to those grounds so confirmed.

(3) Where the petitioner 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 private bill legal costs (promoter) 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) A petitioner who owns an interest in property and who, at his or her own risk and cost, opposed a private bill which proposed the acquisition of all or any part of that interest shall not be liable to pay any private bill legal costs (promoter) under this section in respect of such opposition.

(5) A petitioner may be requested to pay private bill legal costs (promoter) under this section even though the vexatious behaviour that resulted in the request is punishable as a contempt or as an offence against a provision of this Act or otherwise renders the petitioner liable to civil proceedings under this Act, and the request shall not prevent the petitioner being punished for contempt or the bringing of proceedings in respect of the offence or vexatious behaviour concerned.

(6) Where a request in the specified form under subsection (1) is made to the Oireachtas Commission by the promoter—

(a) it shall, at the same time as it gives the relevant notice to the petitioner, give a copy of it to the promoter, and

(b) in any case where the request results in the Oireachtas Commission making a request under subsection (2), it shall, at the same time as it gives the second-mentioned request to the petitioner, give a copy of it to the promoter.

(7) The requests as to private bill legal costs (promoter) which the Oireachtas Commission may make under this section include a request that a petitioner shall pay any or any combination of the following:

(a) a proportion of the promoter’s such costs;

(b) a stated amount in respect of the promoter’s such costs;

(d) such costs relating to particular steps taken in relation to the private bill;

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

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

(a) a signed bill of costs, prepared in accordance with the guidelines (if any) issued under section 56, showing how that amount was calculated,

(b) a copy of this Part,

(d) a copy of the guidelines (if any) issued under section 56, and

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

58.. Awarding of private bill legal costs (petitioner) to petitioners.

58.— (1) Subject to the guidelines (if any) issued under section 56, subsection (5) and section 96(1) and (2), where, in proceedings of the Oireachtas on a private bill—

(a) a committee decides—

(i) that the preamble to the private bill has not been proved, or

(ii) to amend the private bill in order to protect a petitioner,

and

(b) the committee has given a petitioner (in this section referred to as the “relevant petitioner”) a notice in writing stating—

(i) that the committee believes that the relevant petitioner has been unreasonably exposed to costs in defending his or her rights with which the private bill proposes to interfere, and

(ii) setting out the grounds for that belief,

the Oireachtas Commission shall, at the request in the specified form of the relevant petitioner, give a copy of that notice to the promoter together with a notice in writing (in this section referred to as the “relevant notice”) by the Oireachtas Commission 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, on behalf of the relevant petitioner, of such costs relating to those grounds so confirmed.

(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 promoter to whom those grounds relate to pay to the relevant petitioner, not later than 60 days after the request is made, the amount specified in the request, being the private bill costs (petitioner) that the Oireachtas Commission believes that the relevant petitioner has incurred relating to those grounds so confirmed.

(3) Where the promoter 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 private bill legal costs (petitioner) 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) A promoter may be requested to pay private bill legal costs (petitioner) under this section even though the unreasonable behaviour that resulted in the request is punishable as a contempt or as an offence against a provision of this Act or otherwise renders the petitioner liable to civil proceedings under this Act, and the request shall not prevent the promoter being punished for contempt or the bringing of proceedings in respect of the offence or unreasonable behaviour concerned.

(5) Where a request in the specified form under subsection (1) is made to the Oireachtas Commission by the relevant petitioner—

(a) it shall, at the same time as it gives the relevant notice to the promoter, give a copy of it to the relevant petitioner, and

(6) The requests as to private bill legal costs (petitioner) which the Oireachtas Commission may make under this section include a request that a promoter shall pay any or any combination of the following:

(a) a proportion of the relevant petitioner’s such costs;

(b) a stated amount in respect of the relevant petitioner’s such costs;

(d) such costs relating to particular steps taken in relation to the private bill;

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

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

(a) a signed bill of costs, prepared in accordance with the guidelines (if any) issued under section 56,

(b) a copy of this Part,

(d) a copy of the guidelines (if any) issued under section 56, and

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

59.. Proceedings for recoupment of private bill legal costs.

59.— Subject to section 97, a person shall not initiate proceedings for the recoupment of any private bill 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 60(1)(a) upon the person to be charged, or

(b) if the bill of costs is referred for adjudication under section 57(3) or 58(3) during the 3 months referred to in paragraph (a), until they are finally certified.

60.. Provisions supplementary to sections 57 and 58.

60.— (1) (a) An adjudication referred to in section 57(3) or 58(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.

(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.

(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.

(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.

61.. Certificate of costs.

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.

(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

(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.

Chapter 5

62.. Further application of Part 5.

62.— The provisions of this Part and Part 9 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(1)) which are not otherwise ascertained, or adjudicated, or both, pursuant to those provisions.

63.. Power of Oireachtas Commission to specify form of documents.

63.— (1) The Oireachtas Commission may specify the form of documents required for the purposes of this Part as it thinks fit.

(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.

(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

(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.

64.. Offences — Part 5.

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.

(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.

PART 6 Compellability, Privileges and Immunities in Relation to Part 2 Inquiries

65.. Definition of “direction”.

65.— In this Part “direction” means a direction under section 67(1).

66.. Application of Part 6.

66.— This Part applies only to a committee whilst it is conducting a Part 2 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.

67.. Powers of committee to obtain evidence.

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.

(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.

(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.

(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.

(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, F3[the Court of Appeal,] the High Court, the Circuit Court, the District Court or a Special Criminal Court, or

(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.

(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.

(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, F3[the Court of Appeal,] 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.

68.. Scope of section 67.

68.— (1) Subject to subsection (2) and section 67(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

(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.

69.. Application of section 67 to members of judiciary, etc.

69.— Section 67, in so far as it relates to a section 9inquiry 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.

70.. Relevant evidence.

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.

(2) Where a direction to which paragraph (a) or (b) of section 67(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.

(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.

71.. Exemption of certain evidence, etc., from section 67.

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,

(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.

(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.

72.. Declarations in relation to directions.

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(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.

(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.

(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(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(1), give to the person a declaration in writing to that effect made by him or her.

(4) Where a declaration under subsection (3) is given to the committee concerned, it shall withdraw the direction concerned.

73.. Provisions supplementary to section 67.

73.— (1) (a) Where a direction under paragraph (a) or (b) of section 67(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.

(2) A direction to a person (not being an individual) under paragraph (b) of section 67(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

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.

(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.

74.. Saver and restriction of Official Secrets Act 1963.

74.— (1) Sections 66 and 67 are without prejudice to section 65 of the Court Officers Act 1926.

(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.

75.. Offences — Part 6.

75.— (1) A person who—

(a) having been directed under paragraph (a) of section 67(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(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(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.

(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.

(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.

(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.

PART 7 Compellability, Privileges and Immunities in Relation to Other Committee Business

Chapter 1

76.. Definitions — Part 7.

76.— In this Part—

“direction” means a direction under section 83(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.

77.. Application of Chapters 2 and 3.

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.

(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.

(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.

Chapter 2

78.. Privileges and immunities of witnesses.

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.

(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.

(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.

(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.

79.. Guidelines relating to procedures of other committee business.

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.

(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.

(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 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.

80.. Other persons identified in evidence.

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.

(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.

(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.

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

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.

(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.

(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.

82.. Offences — Chapter 2.

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.

(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.

Chapter 3

83.. Powers of committee to obtain evidence.

83.— (1) Subject to the provisions of this Act, a committee may—

(b) direct in writing any person to give to the committee any document in his or her possession or control specified in the direction,

(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.

(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.

(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.

(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, F4[the Court of Appeal,] the High Court, the Circuit Court, the District Court or a Special Criminal Court, or

(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.

(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

(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, F4[the Court of Appeal,] 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

84.. Scope of section 83.

84.— (1) Subject to subsection (2) and section 83(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

(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.

85.. Relevant evidence.

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.

(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.

86.. Exemption of certain evidence, etc., from section 83.

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,

(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,

(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

(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.

87.. Declarations in relation to directions.

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(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.

(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(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(1), give to the person a declaration in writing to that effect made by him or her.

(4) Where a declaration under subsection (3) is given to the committee concerned, it shall withdraw the direction concerned.

88.. Provisions supplementary to section 83.

88.— (1) (a) Where a direction under paragraph (a) or (b) of section 83(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.

(2) A direction to a person (not being an individual) under paragraph (b) of section 83(1) shall be addressed—

(b) in the case of the representative of a House or another committee, to the Secretary General of the Houses of the Oireachtas, and

(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.

89.. Saver and restriction of Official Secrets Act 1963.

89.— (1) Sections 77 and 83 are without prejudice to section 65 of the Court Officers Act 1926.

(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.

90.. Offences — Chapter 3.

90.— (1) A person who—

(a) having been directed under paragraph (a) of section 83(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(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(1), or

is guilty of an offence.

(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.

Chapter 4

91.. Oireachtas Commission may pay reasonable expenses of witnesses, etc.

91.— Subject to section 83(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.

PART 8 Privilege and Immunity of Committees and Members of Houses and Restriction of Evidence of Certain Persons

92.. Privilege and immunity of committees, etc.

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.

(2) Subject to sections 36(2) and 37(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

(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.

(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.

(5) In this section “utterance” includes a statement within the meaning of the Defamation Act 2009.

93.. Restriction on evidence, etc., of certain persons.

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.

(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.

(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.

(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.

PART 9 Applications to High Court in Relation to Relevant Proceedings, etc.

94.. Application to Court for directions on matter relating to relevant proceedings.

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.

(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).

(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.

(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.

(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.

(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,

(d) whether or not the prohibition in section 71(1)applies to a direction given or proposed to be given under section 67(1).

(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.

95.. Provisions that apply where committee resolves that publication of relevant report could prejudice criminal proceedings, etc.

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.

(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,

(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.

(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.

(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.

96.. Court’s role in award of third party legal costs, etc., under sections 48, 55, 57 and 58.

96.— (1) Where the Oireachtas Commission has given a person a notice in writing referred to in section 48(1) or (4), 57(1) or 58(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.

(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

(3) A direction under section 55(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.

(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.

(5) Where a person who has been given a notice referred to in section 48(8)(a) or 55(5)(a) which states that—

(a) the Oireachtas Commission proposes to take no action in respect of the request concerned under section 48(4) or 55(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.

(6) The Court shall determine an application under subsection (5) by giving such directions as it considers just and reasonable in the circumstances.

97.. Court may set aside section 50 or 59.

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.

98.. Reference to Court concerning Part 2 inquiry legal costs or private bill legal costs.

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(1) for an adjudication of Part 2 inquiry legal costs (within the meaning of section 42), or at the request of a party to an adjudication referred to in section 57(3) or 58(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.

(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.

99.. Application to Court where person fails to comply with direction under section 67(1) or 83(1).

99.— Where a person fails to comply with a direction under section 67(1) or 83(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.

100.. Appeal to Court against certain direction under section 67(1) or 83(1).

100.— (1) Subsection (2) applies where a direction under section 67(1)or 83(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.

(2) Where this subsection applies, in the case of a direction under section 67(1) or 83(1) given by a committee, and a person referred to in paragraph (a) or (b) of subsection (1), then—

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