Personal Insolvency Act 2012

19.

Appearance before other committees of Houses of Oireachtas.

19.— (1) The Director shall, at the request in writing of a Committee, attend before it to give account for the general administration of the Insolvency Service as is required by the Committee and, for that purpose, shall provide the Committee with such information (including documents) as it specifies and as is in the possession of, or is available to, the Director.

(2) The Director is not required to give an account before a Committee of any matter that is or has been or may at a future time be the subject of—

( a) a decision or determination by the Insolvency Service in respect of a particular person, or

( b) proceedings before a court or tribunal in the State.

(3) The Director shall, if of the opinion that subsection (2) applies to a matter about which he or she is requested to give an account before a Committee, inform the Committee of that opinion and the reasons for the opinion.

(4) The information required under subsection (3) to be given to the Committee shall be given in writing unless it is given when the Director is before the Committee.

(5) If, on being informed of the Director’s opinion about a matter, the Committee decides not to withdraw its request, the High Court may, on application under subsection (6), determine whether subsection (2) applies to the matter.

(6) An application for a determination under subsection (5) may be made in a summary manner to the High Court by—

( a) the Director not later than 21 days after being informed by the Committee of its decision not to withdraw its request, or

( b) the chairperson of the Committee acting on its behalf.

(7) Pending the determination of an application under subsection (6), the Director shall not attend before the Committee to give an account of the matter to which the application relates.

(8) If the High Court determines that subsection (2) applies to the matter, the Committee shall withdraw its request relating to the matter, but if the High Court determines that subsection (2) does not apply, the Director shall attend before the Committee to give an account of the matter.

(9) In this section, “Committee” means a committee appointed by either House of the Oireachtas or jointly by both Houses of the Oireachtas (other than the Committee referred to in section 18(1) , the Committee on Members’ Interests of Dáil Éireann or the Committee on Members’ Interests of Seanad Éireann), or a subcommittee of such a committee.