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

96.

Court’s role in award of third party legal costs, etc., under sections 48, 55, 57 and 58.

96.— (1) Where the Oireachtas Commission has given a person a notice in writing referred to in section 48(1) or (4), 57(1) or 58(1) , the Oireachtas Commission may, on notice to the person, apply to the Court for confirmation of the grounds set out in the notice for the belief set out in the notice.

(2) The Court may, on an application under subsection (1) for an order confirming the grounds set out in a notice referred to in that subsection for a belief set out in the notice—

( a) make an order confirming all of those grounds,

( b) make an order confirming one or more than one of those grounds but not all of those grounds, or

( c) refuse to make such an order.

(3) A direction under section 55(1) or (2) by the Oireachtas Commission to a person to pay expenses referred to in that section shall not take effect until it is confirmed by an order of the Court on application by the Oireachtas Commission on notice to that person.

(4) The Court may, on an application under subsection (3) for an order confirming a direction of the Oireachtas Commission to pay expenses to the Oireachtas Commission or another person—

( a) make an order confirming the direction with or without modification, or

( b) refuse to make such an order.

(5) Where a person who has been given a notice referred to in section 48(8)(a) or 55(5)(a) which states that—

( a) the Oireachtas Commission proposes to take no action in respect of the request concerned under section 48(4) or 55(2) , as the case may be, made by the person, or

( b) the Oireachtas Commission proposes to take action on some, but not all, of the grounds specified in such request,

the person may, on notice to the Oireachtas Commission, apply to the Court for directions relating to what action the Oireachtas Commission should take in respect of the request, or the grounds on which the Oireachtas Commission should take action in respect of the request, or both.

(6) The Court shall determine an application under subsection (5) by giving such directions as it considers just and reasonable in the circumstances.