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

51.

Application for assessment of Part 2 inquiry legal costs.

51.— (1) Subject to subsection (7), a party to whom payment of Part 2 inquiry legal costs under this Chapter is due, or a party who has been charged with, but who objects to, the Part 2 inquiry legal costs as stated in a bill of costs referred to in this Chapter, may apply in the specified form to the Oireachtas Commission, not later than 3 months after subsection (2)(a) has been complied with in respect of that bill of costs, for an adjudication of such costs by a parliamentary legal costs adjudicator.

(2)( a) An application under subsection (1) may only be made once a signed bill of costs has been delivered to the party to be charged with the costs.

( b) The delivery of a bill of costs referred to in paragraph (a) may be effected by ordinary prepaid post or by delivery to the solicitor of the person or, if the person is not represented by a solicitor, by ordinary prepaid post to the person’s dwelling or place of employment.

(3) An application under subsection (1) shall be accompanied by a certified true copy of the bill of costs.

(4) In circumstances where due notice was given and the solicitor or other person, or his or her representative, fails to attend the adjudication, a parliamentary legal costs adjudicator may proceed to adjudicate on and settle the bill of costs.

(5) Pending adjudication, any proceedings brought to recover the Part 2 inquiry legal costs shall be stayed until such costs have been certified under section 52 .

(6) A parliamentary legal costs adjudicator shall, on completion of the assessment in accordance with the guidelines (if any) issued under section 46 , deliver to the parties an assessment of costs in writing.

(7) Where section 48(3) or (6) applies to a person the subject of a request under section 48(2) or (5), as the case may be, the Oireachtas Commission shall act under subsection (1) as if the person had made an application referred to in that subsection in respect of the Part 2 inquiry legal costs concerned, and the other provisions of this section shall, with all necessary modifications, be construed accordingly.