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

Chapter 3

Directions that may be given by committee conducting other committee business and related matters

83.

Powers of committee to obtain evidence.

83.— (1) Subject to the provisions of this Act, a committee may—

( a) direct in writing any person whose evidence is required by the committee to attend before the committee on a date and at a time and place specified in the direction and there to give evidence and any document in his or her possession or control specified in the direction,

( b) direct in writing any person to give to the committee any document in his or her possession or control specified in the direction,

( c) direct in writing any person to make discovery on oath of any documents that are or have been in that person’s possession or control relating to any matter relevant to the proceedings of the committee and to specify in the affidavit of documents concerned any documents mentioned therein which he or she objects to producing to the committee and the grounds for the objection, and the rules of court relating to the discovery of documents in proceedings in the Court shall apply in relation to the discovery of documents pursuant to this paragraph with any necessary modifications,

( d) direct in writing a person to make a statement in writing on the matters on which that person is required to give evidence, and

( e) give any other directions for the purpose of the proceedings concerned that appear to the committee to be just and reasonable.

(2) The reasonable expenses of a person (not including legal costs) who, pursuant to a direction, attends before a committee, shall be paid out of moneys provided by the Oireachtas.

(3)( a) A direction in writing shall be signed by—

(i) the chairman of the committee concerned,

(ii) another committee member duly authorised in that behalf by the chairman, or

(iii) the clerk to the committee.

( b) Any other direction shall be given by the chairman of the committee concerned.

(4) Subject to section 89 , subsection (1) shall not apply to—

( a) the President or an officer of the President,

( b) a judge of the Supreme Court, F2 [ the Court of Appeal, ] the High Court, the Circuit Court, the District Court or a Special Criminal Court, or

( c) the Master of the High Court.

(5) Subsection (1) shall not apply to the Attorney General or an officer of the Attorney General except—

( a) where the committee concerned is the Committee of Public Accounts, and

( b) in so far as that subsection relates to evidence, or a document in his or her possession or control, concerning the general administration of the Office of the Attorney General.

(6) Subsection (1) shall not apply to the Director of Public Prosecutions or an officer of the Director of Public Prosecutions except—

( a) where the committee concerned is the Committee of Public Accounts, and

( b) in so far as the subsection relates to evidence, or a document in his or her possession or control, concerning—

(i) the general administration of the Office of the Director of Public Prosecutions, or

(ii) statistics relevant to a matter referred to in a report of and published by the Director of Public Prosecutions in relation to the activities generally of the Office of the Director of Public Prosecutions.

(7) In this section—

( a) a reference to the President, the Attorney General, the Director of Public Prosecutions or a judge of the Supreme Court, F2 [ the Court of Appeal, ] the High Court, the Circuit Court, the District Court or a Special Criminal Court or the Master of the High Court is a reference to a person who holds or held that office in his or her capacity as such holder, and

( b) a reference to an officer, in relation to the President, the Attorney General or the Director of Public Prosecutions, is a reference to a person who is or was an officer of the President, the Attorney General or the Director of Public Prosecutions in his or her capacity as such an officer, and includes a reference to a person who provides or provided professional legal services to the President, the Attorney General or the Director of Public Prosecutions under a contract for services in his or her capacity as such a provider.

Annotations:

Amendments:

F2

Inserted (28.10.2014) by Court of Appeal Act 2014 (18/2014), s. 72(b)(i)-(ii), S.I. No. 479 of 2014.