Defence Act 1954

184I

F196 [ Steps to be taken before removal of Director.

184I. (1) Before considering the Director s removal from office under section 184H the Government shall

( a ) notify the Director that the Government intends to consider the matter and include in the notice a statement of their reasons for doing so, and

( b ) give the Director an opportunity to make representations as to why he ought not to be removed from office.

(2) The Government may, if they consider it necessary or appropriate to do so, appoint a Judge of the High Court nominated by the President of the High Court to

( a ) hold an inquiry into any matter giving rise to a notification under subsection (1) of this section, and

( b ) report to the Government on the findings of the inquiry.

(3) A Judge of the High Court appointed under this section to hold an inquiry may do one or more of the following:

( a ) direct a person, by notice delivered to the person, to provide any information that is specified in the notice and is required for the purposes of the inquiry;

( b ) direct any person, by notice delivered to the person, to produce at the time and place specified in the notice a document specified in the notice that is relevant to the inquiry and is in the person s power or control;

( c ) summon witnesses to attend the inquiry;

( d ) direct a witness to answer a question put to the witness at the inquiry;

( e ) give any other direction that appears to the Judge appointed under this section to be necessary, just and reasonable for the purposes of the inquiry;

( f ) administer oaths and affirmations to witnesses and examine witnesses attending the inquiry.

(4) A person whose evidence has been, is being, or is to be given before an inquiry under this section, or who produces or sends a document to the inquiry pursuant to a summons or direction, as the case may be, under subsection (3) of this section or who is required by such a summons or direction to give evidence or produce a document to the inquiry or to attend before the inquiry and there to give evidence or produce a document, shall be entitled to the same privileges and immunities as if the person were a witness before the High Court.

(5) If a person fails or refuses to comply with or disobeys a summons or direction under subsection (3) of this section, the High Court may, on application by the Judge appointed under this section

( a ) order the person in relation to whom the application was made to comply with the direction or, in the case of a summons, to attend the inquiry, and

( b ) make such other (if any) order as it considers necessary and just to enable the direction to have full effect or, in the case of a summons, to ensure the attendance at the inquiry.

(6) A person who

( a ) is notified under subsection (3) of this section and who, without lawful excuse, refuses or fails to comply with a direction under paragraph ( a ) or ( b ) of that subsection,

( b ) fails, without lawful excuse, to attend an inquiry in response to a summons under subsection (3)( c ) of this section,

( c ) refuses to answer a question that the Judge of the High Court conducting the inquiry may legally direct the person to answer, or

( d ) does or omits to do in relation to the inquiry any other thing the doing or omission of which would, if the inquiry had been a proceeding in the High Court, have been contempt of that Court,

is guilty of an offence and is liable on summary conviction to a fine not exceeding 3,000 or to imprisonment for a term not exceeding 6 months or both.

(7) If an inquiry is held, the Government shall

( a ) consider the report on the findings of the inquiry,

( b ) make a copy of the report available to the Director whose removal from office is the subject of the report, and

( c ) give the Director an opportunity to make representations relating to the report.

(8) As soon as practicable after the Director is removed from office under section 184H, the Minister shall cause a statement of the reasons for the removal to be laid before each House of the Oireachtas. ]

Annotations:

Amendments:

F196

Inserted (21.04.2007) by Defence (Amendment) Act 2007(24/2007), s. 33, commenced as per s. 1(3).