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

73.

Provisions supplementary to section 67 .

73.— (1) ( a) Where a direction under paragraph (a) or (b) of section 67(1) is given by a committee (in this section referred to as the “relevant committee”) to a person in his or her capacity as an employee, or as a representative of, a House or another committee, the relevant committee, shall, not less than 10 days before the day specified in the direction, notify the employer concerned or the House or other committee of the direction and of the matter to which the evidence or document concerned would relate or relates and the employer or another employee of the employer, authorised in that behalf by the employer, or, as the case may be, another representative, or an employee, of the House or other committee, authorised in that behalf by the House or other committee, may, if the relevant committee so decides—

(i) appear before, and make submissions (including submissions in writing) to, the relevant committee relevant to its proceedings, and

(ii) give evidence and documents to it relevant to such proceedings.

( b) In paragraph (a)“employee” includes a civil servant and “employer”, in relation to a civil servant, means the civil servant who is the principal officer of the Department of State or other branch or office of the public service in which the first-mentioned civil servant is employed.

(2) A direction to a person (not being an individual) under paragraph (b) of section 67(1) shall be addressed—

( a) in the case of a Department of State or other branch or office of the public service, to the civil servant or public servant who is the principal officer of the Department of State, branch or office,

( b) in the case of a representative of a House or another committee, to the Secretary General of the Houses of the Oireachtas, and

( c) in any other case, to the principal officer of the body concerned,

and the day on or before which the document concerned is required to be sent to the relevant committee shall be specified in the direction and shall not be less than 10 days after the date of the direction.

(3) Notwithstanding subsections (1) and (2), the employer or House or other committee concerned shall be entitled to nominate another representative to—

( a) appear before, and make submissions (including submissions in writing) to, the relevant committee relevant to its proceedings, and

( b) give evidence and documents to it relevant to such proceedings,

in place of the person to whom the direction was given but the relevant committee is entitled to not accept the nomination and to maintain that its direction be complied with by the person to whom it was given.