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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

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Source Irish Statute Book

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articles 133

This is the most recent text the official source publishes. It is not a snapshot of the law as it stood on the date of each change.

8 amending acts · 2025-04-02, revised-IE-2013-act-33@2025-04-02

Act to provide for the exercise by either House or both Houses of the Oireachtas (or by a Committee of either House or both Houses) of a power to conduct an inquiry into specified matters, to provide for matters relating to compellability, privilege and procedure in the Houses (and in Committees of either House or both Houses), and to provide for related matters

Reform history JSON API

(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 Definitions, estimate of Part 2 inquiry legal costs and Part 2 inquiry expenses and parliamentary legal costs adjudicators

42. Definitions — Part 5.

42.— In this Part—

“certificate of costs”, in relation to Chapter 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 Part 2 inquiry legal costs

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.

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 Part 2 inquiry expenses

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 Private bill legal costs

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

(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 promoter, give a copy of it to the relevant petitioner.

(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.

(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.

(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.

(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 5 Miscellaneous

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—

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