Commissions of Investigation Act 2004

Establishment of commissions.

3

3.—(1) Following a proposal made by a Minister with the approval of the Minister for Finance, the Government may, by order, establish a commission to—

( a) investigate any matter considered by the Government to be of significant public concern, and

( b) make any reports required under this Act in relation to its investigation.

(2) An order may be made under this section only if—

( a) a draft of the proposed order and a statement of the reasons for establishing the commission have been laid before the Houses of the Oireachtas, and

( b) a resolution approving the draft has been passed by each House.

(3) The order establishing a commission shall specify—

( a) the matter that is considered by the Government to be of significant public concern and that is to be investigated by the commission, and

( b) the Minister responsible for overseeing administrative matters relating to the establishment of the commission, for receiving its reports and for performing any other functions given to him or her under this Act.

(4) A commission may be established under this section even if the matter considered by the Government to be of significant public concern arose before the passing of this Act.

Annotations:

Modifications (not altering text):

C2

Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2), subject to transitional provisions in arts. 6-9.

2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.

(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.

3. The functions conferred on the Minister for Finance by or under the provisions of —

(a) the enactments specified in Schedule 1, and

(b) the statutory instruments specified in Schedule 2,

are transferred to the Minister for Public Expenditure and Reform.

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5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.

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Schedule 1

Enactments

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Part 2

1922 to 2011 Enactments

Number and Year

Short Title

Provision

(1)

(2)

(3)

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No. 23 of 2004

Commissions of Investigation Act 2004

Sections 3, 8, 16, 17(1) and (4) and 23

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Editorial Notes:

E1

Power pursuant to section exercised (13.06.2017) by Commission of Investigation (National Asset Management Agency) Order 2017 (S.I. No. 267 of 2017).

E2

Power pursuant to section exercised (21.03.2017) by 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).

E3

Power pursuant to section exercised (27.07.2016) by Commission of Investigation (Irish Bank Resolution Corporation) (Amendment) Order 2016 (S.I. No. 417 of 2016).

E4

Power pursuant to section exercised (15.06.2015) by Commission of Investigation (Irish Bank Resolution Corporation) Order 2015 (S.I. No. 253 of 2015).

E5

Power pursuant to section exercised (17.02.2015) by Commission of Investigation (Mother and Baby Homes and Certain Related Matters) Order 2015 (S.I. No. 57 of 2015).

E6

Power pursuant to section exercised (3.02.2015) by Commission of Investigation (Certain Matters relative to the Cavan/Monaghan Division of the Garda Síochána) Order 2015 (S.I. No. 38 of 2015).

E7

Power pursuant to section exercised (23.07.2014) by Commission of Investigation (Ronan MacLochlainn) Order 2014 (S.I. No. 346 of 2014).

E8

Power pursuant to section exercised (30.04.2014) by Commission of Investigation (Certain Matters relative to An Garda Síochána and Other Persons) Order 2014 (S.I. No. 192 of 2014).

E9

Power pursuant to section exercised (21.09.2010) by Commission of Investigation (Banking Sector) Order 2010 (S.I. No. 454 of 2010).

E10

Power pursuant to section exercised (2.05.2007) by Commission of Investigation (Death of Gary Douch in Mountjoy Prison) Order 2007 (S.I. No. 371 of 2007).

E11

Power pursuant to subs. (1) exercised (6.06.2007) by Commission of Investigation (Leas Cross Nursing Home) Order 2007 (S.I. No. 304 of 2007).

E12

Power pursuant to subs. (1) exercised (26.04.2005) by Commission of Investigation (Dublin and Monaghan Bombings) Order 2005 (S.I. No. 222 of 2005).