Employment Equality Act 1998

Powers to enter premises, obtain information, etc.

94

94. (1) Subject to subsection (3), this section has effect for the purpose of enabling information to be obtained which the F166 [ Director General of the Workplace Relations Commission ] or the Labour Court may require to enable them to exercise their functions under this Part; and in this section—

( a) a “ designated officer” means the F166 [ Director General of the Workplace Relations Commission ], the Chairman of the Labour Court F167 [ , an inspector appointed under section 26 of the Act of 2015 ], an F166 [ adjudication officer ] or a person authorised in that behalf by the F166 [ Director General of the Workplace Relations Commission ] or the Chairman, and

( b) material information” means information which a designated officer has reasonable grounds for believing to be relevant for the purpose set out above.

(2) For the purpose set out in subsection (1), a designated officer may do any one or more of the following:

( a) at all reasonable times, peaceably enter premises;

( b) require any person to produce to the designated officer any records, books, documents or other things which are in that person’s power or control and which the designated officer has reasonable grounds for believing to contain material information and to give the designated officer such information and access as may reasonably be required in relation to the contents of any such records, books, documents or other things;

( c) inspect and copy or take extracts from any such records, books, documents or other things;

( d) inspect any work in progress at any premises.

(3) An F166 [ adjudication officer ] who is nominated by the F166 [ Director General of the Workplace Relations Commission ] under section 80(4) to investigate and prepare a report on a question specified by the Circuit Court may, for the purpose of that investigation and report, exercise any of the powers in paragraphs (a) to (d) of subsection (2); and, for the purpose of the application of this section in such a case—

( a) any reference in subsections (2), (5) and (6) to a designated officer shall be construed as a reference to the F166 [ adjudication officer ] who is so nominated, and

( b) material information” shall be construed as information which that F166 [ adjudication officer ] has reasonable grounds for believing to be relevant for the purpose of the investigation and report.

(4) The powers conferred by subsection (2) shall not be exercised in respect of a dwelling or any person, record, book, document or other thing in a dwelling unless—

( a) where the powers are to be exercised by virtue of subsection (1), the Minister (or an officer of the Minister authorised by the Minister in that behalf) certifies in writing that there are reasonable grounds for believing that there is in the dwelling information which is material to the investigation of a case, or the consideration of an appeal, under this Part, or

( b) where the powers are to be exercised by virtue of subsection (3), the Circuit Court is satisfied that there are reasonable grounds for believing that there is in the dwelling information which is material to the F166 [ adjudication officer ]’s investigation.

(5) If a judge of the District Court is satisfied by information on oath of a designated officer that there is reasonable cause for suspecting that any records, books, documents or other things containing material information are to be found at any premises, the judge may issue a search warrant under this section.

(6) A search warrant issued under this section shall be expressed and operate to authorise a named designated officer, accompanied by such other persons as the named designated officer thinks necessary, at any time or times within 1 month from the date of issue of the warrant, on production if so requested of the warrant—

( a) to enter the premises named in the warrant, if necessary by force,

( b) to search these premises, and

( c) to exercise any such power as is described in subsection (2) (b) or (c) in relation to persons and records, books, documents or other things found at the premises.

Annotations:

Amendments:

F166

Substituted (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 83(1)(c)(i), (ii), S.I. No. 410 of 2015, subject to transitional provision in subs. (2).

F167

Inserted (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 83(1)(k), S.I. No. 410 of 2015, subject to transitional provision in subs. (2).

Modifications (not altering text):

C42

Functions transferred and “Minister for Justice and Equality” and “Department of Justice and Equality” construed (1.01.2013) by Equality Tribunal (Transfer of Departmental Administration and Ministerial Functions) Order 2012 (S.I. No. 531 of 2012), arts. 2, 3(1)(a), 3(2), commenced as per art. 1(2).

2.—(1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 3 are transferred to the Department of Jobs, Enterprise and Innovation.

(2) References to the Department of Justice and Equality contained in any Act or any instrument made under such Act and relating to any administration and business transferred by paragraph (1) shall, from the commencement of this Order, be construed as references to the Department of Jobs, Enterprise and Innovation.

3.—(1) The functions vested in the Minister for Justice and Equality by or under—

(a) sections 75, 76, 79, 94 and 100 of the Employment Equality Act 1998 (No. 21 of 1998),

...

are transferred to the Minister for Jobs, Enterprise and Innovation.

(2) References to the Minister for Justice and Equality contained in any Act or instrument made under such Act and relating to any functions transferred by this Article shall, from the commencement of this Order, be construed as references to the Minister for Jobs, Enterprise and Innovation.

...

C43

Application of section extended with modifications by Pensions Act 1990 (25/1990), s. 81J and sch. 4, as inserted (5.04.2004) by Social Welfare (Miscellaneous Provisions) Act 2004 (9/2004), s. 22, S.I. No. 141 of 2004, as amended (18.07.2004) by Equality Act 2004 24/2004), s. 66(3)(e), commenced on enactment.

Application of Employment Equality Act 1998.

81J.—(1) In this section ‘the Act of 1998’ means the Employment Equality Act 1998.

(2) Sections 74, [76, 77A ], 78 to 81, 83 to 85 and 86 to 104 of the Act of 1998 shall, where appropriate, apply in relation to this Part as they apply in relation to that Act but with the following modifications.

(3) Those modifications are that for the words set out in column (3) of the Fourth Schedule at a particular reference number, being words appearing in a section or sections of the Act of 1998 specified in column (2) of that Schedule at that reference number, there shall be substituted in the place or, as the case may be, each place where those words occur in that section or sections the words set out in column (4) of that Schedule at that reference number.