Employment Equality Act 1998

Requirements on persons to provide information.

95

95. (1) For the purpose of enabling the F168 [ Director General of the Workplace Relations Commission ] or the Labour Court to exercise their functions under this Part, the F168 [ Director General of the Workplace Relations Commission ] or the Chairman of the Labour Court—

( a) may require any person who, in the opinion of the F168 [ Director General of the Workplace Relations Commission ] or the Chairman (as the case may be) is in possession of, or has in his or her power or control, any information that is relevant to the exercise of those functions to furnish that information to the F168 [ Director General of the Workplace Relations Commission ] or the Chairman, and

( b) where appropriate, may require any such person to attend before the F168 [ Director General of the Workplace Relations Commission ] or the Chairman for that purpose,

and the person shall comply with any requirement so made.

(2) A requirement under subsection (1) may specify a time and place at which information is to be furnished or a person is to attend; and if no such time or place is specified in the requirement, the person to whom the requirement is addressed shall comply with it as soon as is reasonably practicable.

(3) Any persons required to attend before the F168 [ Director General of the Workplace Relations Commission ] or the Chairman of the Labour Court under subsection (1)(b) shall—

( a) answer fully and truthfully any questions put to them by the F168 [ Director General of the Workplace Relations Commission ] or the Chairman (other than any question tending to incriminate the person asked), and

( b) if so requested by the F168 [ Director General of the Workplace Relations Commission ] or the Chairman, sign a declaration of the truth of their answers to any such questions.

(4) For the purpose of enabling an F168 [ adjudication officer ] nominated by the F168 [ Director General of the Workplace Relations Commission ] under section 80(4) to perform the functions of investigating and preparing a report on a question specified by the Circuit Court, subsections (1) to (3) shall apply with the substitution of a reference to the F168 [ adjudication officer ] for any reference to the F168 [ Director General of the Workplace Relations Commission ].

Annotations:

Amendments:

F168

Substituted (1.10.2015) by Workplace Relations Act 2015 (16/215), s. 83(1)(c)(i), (ii), S.I. No. 410 of 2015, subject to transitional provision in subs. (2).

Modifications (not altering text):

C44

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.