Houses of the Oireachtas (Inquiries, Privileges and Procedures) Act 2013

16.

Committee may conduct investigation into charge under Article 12.10 of Constitution.

16.— (1) ( a) Subject to paragraph (b) and subsection (4), when this section applies, a committee may investigate the charge under Article 12.10 of the Constitution by virtue of which this section applies.

( b) The other provisions of this Act shall, with all necessary modifications, apply to a section 16 inquiry in a manner consistent with and in adherence to Article 12.10 of the Constitution.

(2) The committee, in exercise of the power to conduct a section 16 inquiry, may—

( a) record evidence,

( b) report the evidence, and

( c) make findings of fact (if any) of misbehaviour referred to in Article 12.10 of the Constitution.

(3) Subject to section 66 , the committee shall not have the power to send for persons, papers or records unless that power has been conferred upon it pursuant to the applicable rules and standing orders.

(4)( a) Where the charge under Article 12.10 of the Constitution has been preferred by Dáil Éireann, the committee conducting the section 16 inquiry shall be Seanad Éireann or a committee appointed by Seanad Éireann.

( b) Where the charge under Article 12.10 of the Constitution has been preferred by Seanad Éireann, the committee conducting the section 16 inquiry shall be Dáil Éireann or a committee appointed by Dáil Éireann.