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

18.

Privileges and immunities of witnesses.

18.— (1) (a) Subject to subsections (2) and (3) and section 94 (where paragraph (a) of subsection (6) of that section applies), a person whose evidence has been, is being or is to be given before a Part 2 inquiry, or who gives a document to the inquiry, whether voluntarily or pursuant to a direction under this Act—

(i) has the same immunities and privileges in respect of that evidence or document, and

(ii) is, in addition to the penalties provided by this Act, subject to the same liabilities,

as a witness to proceedings in the Court.

(b) Subject to subsections (2) and (3) and section 94 (where paragraph (a) of subsection (6) of that section applies), a person who is directed under this Act to give evidence or a document to a Part 2 inquiry or to attend before the inquiry and there to give evidence or a document—

(i) has the same immunities and privileges in respect of that evidence or document, and

(ii) is, in addition to the penalties provided by this Act, subject to the same liabilities,

as a witness to proceedings in the Court.

(2) subsection (1) shall not entitle a person to refuse to answer a question or furnish a document on the grounds that it would incriminate the person or any other person.

(3) Where a witness (not being a member of either House) who is giving evidence to a Part 2 inquiry in relation to a particular matter is directed by the chairman of the committee to cease giving such evidence, the witness shall be entitled only to qualified privilege in relation to defamation in respect of any evidence given after the giving of the direction unless and until the chairman withdraws the direction.

(4) Where it is determined that the privilege relied on as grounds for refusing to give a document applies to part only of the information in a document, the person directed to give the document shall cause to be prepared a redacted version, or a summary version, or both, as directed by the committee, of the document that excludes that privileged information, but only if—

(a) the document so allows, and

(b) in the committee’s opinion, it is in the best interests of the Part 2 inquiry and of fair procedures to do so.

(5) Where a person causes a redacted version, or a summary version, or both, of a document to be prepared in accordance with this section, the redacted version, or the summary version, or both, as the case requires, forms part of the evidence received by the Part 2 inquiry.