Commissions of Investigation Act 2004


Number 23 of 2004


COMMISSIONS OF INVESTIGATION ACT 2004

REVISED

Updated to 25 May 2018


This Revised Act is an administrative consolidation of the Commissions of Investigation Act 2004. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including Data Protection Act 2018 (7/2018), enacted 24 May 2018, and all statutory instruments up to and including Data Protection Act 2018 (Establishment Day) Order 2018 (S.I. No. 175 of 2018), made 24 May 2018, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 23 of 2004


COMMISSIONS OF INVESTIGATION ACT 2004

REVISED

Updated to 25 May 2018


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

This Act is not collectively cited with any other Act.

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1986, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Data Protection Act 2018 (7/2018)

Commission of Investigation (Irish Bank Resolution Corporation) Act 2016 (10/2016)

Freedom of Information Act 2014 (30/2014)

Civil Law (Miscellaneous Provisions) Act 2011 (23/2011)

All Acts up to and including Data Protection Act 2018 (7/2018), enacted 24 May 2018, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Commission of Investigation (National Asset Management Agency) Order 2017 (S.I. No. 267 of 2017)

Commission of Investigation (Certain Matters relative to a Disability Service in the South East and Related Matters) Order 2017 (S.I. No. 96 of 2017)

Commission of Investigation (Irish Bank Resolution Corporation) (Amendment) Order 2016 (S.I. No. 417 of 2016)

Commission of Investigation (Irish Bank Resolution Corporation) Order 2015 (S.I. No. 253 of 2015)

Commission of Investigation (Mother and Baby Homes and certain Related Matters) Order 2015 (S.I. No. 57 of 2015)

Commission of Investigation (Certain Matters relative to the Cavan/Monaghan Division of the Garda Síochána) Order 2015 (S.I. No. 38 of 2015)

Commission of Investigation (Ronan MacLochlainn) Order 2014 (S.I. No. 346 of 2014)

Commission of Investigation (Certain Matters relative to An Garda Síochána and Other Persons) Order 2014 (S.I. No. 192 of 2014)

Commission of Investigation (Banking Sector) Order 2010 (S.I. No. 454 of 2010)

Commission of Investigation (Child Sexual Abuse) (Amendment) Order 2009 (S.I. No. 117 of 2009)

Commission of Investigation (Death of Gary Douch in Mountjoy Prison) Order 2007 (S.I. No. 371 of 2007)

Commission of Investigation (Leas Cross Nursing Home) Order 2007 (S.I. No. 304 of 2007)

Commission of Investigation (Child Sexual Abuse) Order 2006 (S.I. No. 137 of 2006)

Commission of Investigation (Dean Lyons Case) Revised Order 2006 (S.I. No. 69 of 2006)

Commission of Investigation (Dublin and Monaghan Bombings) Order 2005 (S.I. No. 222 of 2005)

All statutory instruments up to and including Data Protection Act 2018 (Establishment Day) Order 2018 (S.I. No. 175 of 2018), made 24 May 2018, were considered in the preparation of this revision.


Number 23 of 2004


COMMISSIONS OF INVESTIGATION ACT 2004

REVISED

Updated to 25 May 2018


ARRANGEMENT OF SECTIONS

PART 1

Preliminary Matters

Section

1.

Short title.

2.

Interpretation.

PART 2

Establishment, Membership and Independence of Commissions

3.

Establishment of commissions.

4.

How terms of reference are to be set.

5.

Content of terms of reference and accompanying statement.

6.

Amendment of terms of reference and accompanying statement.

7.

Membership.

8.

Advice and assistance.

9.

Independence.

PART 3

Investigations and Related Matters

10.

Conduct of investigations.

11.

In general evidence to be given in private.

12.

Duty to disclose substance of evidence to other witnesses, etc., and to give them a chance to comment.

13.

Duty to inform witnesses of commissions' powers and to advise them of their own rights and obligations.

14.

Form and manner in which evidence may be given.

15.

Powers to establish rules and procedures relating to evidence and submissions.

16.

Powers relating to witnesses and documents.

17.

Power to direct certain persons to pay costs.

18.

Offence of making false statement.

19.

Evidence given to commissions not admissible in certain proceedings.

20.

Privileges and immunities of witnesses.

21.

Determinations on privilege.

22.

Right of appeal to High Court against determinations on privilege.

23.

Guidelines concerning recovery of legal costs necessarily incurred by witnesses.

24.

Request for recovery of legal costs necessarily incurred and certain other expenses.

25.

Signing of written directions.

PART 4

Other Powers Relating to Investigations

26.

Persons authorised to exercise powers of entry, inspection, etc.

27.

Governing principle for exercise of powers of entry, inspection, etc.

28.

Powers of entry, inspection, etc.

29.

Power of District Court to issue warrant authorising entry.

30.

Offence of obstructing, etc., authorised persons.

31.

Preservation of documents.

PART 5

Reports and Records of Commissions

32.

Preparation and content of final reports.

33.

Interim reports.

34.

Draft reports to be sent to certain persons.

35.

Amendment of draft reports for reasons relating to failure to observe fair procedures.

36.

Amendment of draft reports to preserve confidentiality of sensitive commercial information.

37.

Confidentiality of draft reports.

38.

Publication of final and interim reports.

39.

Restriction of Data Protection Act 1988.

40.

Restriction of Freedom of Information Acts 1997 to 2003. (Repealed)

41.

Availability of records for inspection by public under National Archives Act 1986.

PART 6

Miscellaneous Matters

42.

Privilege of members and persons appointed under section 8.

43.

Dissolution of commissions.

44.

If a tribunal of inquiry is established.

45.

Commissions' evidence and documents to be available to tribunals.

46.

Protection of identifying information by tribunals.

47.

Proceedings in the High Court.

48.

Offences by bodies corporate.

49.

Prosecutions.

50.

Penalties for offences.

51.

Expenses.


Acts Referred to

Data Protection Act 1988

1988, No. 25

Freedom of Information Acts 1997 to 2003

National Archives Act 1986

1986, No. 11

Petty Sessions (Ireland) Act 1851

14 & 15 Vict., c. 50

Tribunals of Inquiry (Evidence) Acts 1921 to 2004


Number 23 of 2004


COMMISSIONS OF INVESTIGATION ACT 2004

REVISED

Updated to 25 May 2018


AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF COMMISSIONS FROM TIME TO TIME TO INVESTIGATE INTO AND REPORT ON MATTERS CONSIDERED TO BE OF SIGNIFICANT PUBLIC CONCERN, TO PROVIDE FOR THE POWERS OF SUCH COMMISSIONS AND TO MAKE PROVISION FOR RELATED MATTERS.

[18 th July 2004]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: