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

72.

Declarations in relation to directions.

72.— (1) Where a direction is given by a committee to a person in relation to evidence or a document and the person is of the opinion that the evidence or document could, if given to the committee, reasonably be expected to have the effect specified in paragraph (d) or (e) of section 71(1) , the person may inform the chairman of the committee of that opinion and, if the person does so and the committee does not withdraw the direction, it shall request the person to furnish to the committee a declaration under subsection (3) in relation to the matter.

(2) Where a request under subsection (1) is made to a person by the committee, the committee shall, on the application of the person, allow such period, not being less than 14 days, as it considers reasonable for responding to the request and, if appropriate, the giving of a declaration under subsection (3) and, for that purpose, the committee shall, if necessary, adjourn the proceedings concerned in relation to the particular matter for such period as it considers appropriate in the circumstances.

(3) Where a request under subsection (1) is made to a person—

( a) a Minister of the Government may, on application to him or her in that behalf by the person, if he or she considers that the evidence or document concerned would relate or relates to a matter to which paragraph (d) of section 71(1) applies, give to the person a declaration in writing to that effect made by him or her, and

( b) the Director of Public Prosecutions or the Commissioner of the Garda Síochána may, on application to him or her in that behalf by the person, if he or she considers that the evidence or document concerned would relate or relates to information specified in paragraph (e) of section 71(1) , give to the person a declaration in writing to that effect made by him or her.

(4) Where a declaration under subsection (3) is given to the committee concerned, it shall withdraw the direction concerned.