Commissions of Investigation Act 2004

Number 23 of 2004

COMMISSIONS OF INVESTIGATION ACT 2004

REVISED

Updated to 25 October 2020

This Revised Act is an administrative consolidation of the Commissions of Investigation Act 2004. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including the Commission of Investigation (Mother and Baby Homes and Certain Related Matters) Records, and Another Matter, Act 2020 (20/2020), enacted 25 October 2020, and all statutory instruments up to and including the Health Services (Prescription Charges) (Over 70s) Regulations 2020 (S.I. No. 465 of 2020), made 27 October 2020, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.

Number 23 of 2004

COMMISSIONS OF INVESTIGATION ACT 2004

REVISED

Updated to 25 October 2020

ARRANGEMENT OF SECTIONS

PART 1

Preliminary Matters

Section
1.	Short title.
2.	Interpretation.

PART 2

Establishment, Membership and Independence of Commissions

3.	Establishment of commissions.
4.	How terms of reference are to be set.
5.	Content of terms of reference and accompanying statement.
6.	Amendment of terms of reference and accompanying statement.
7.	Membership.
8.	Advice and assistance.
9.	Independence.

PART 3

Investigations and Related Matters

10.	Conduct of investigations.
11.	In general evidence to be given in private.
12.	Duty to disclose substance of evidence to other witnesses, etc., and to give them a chance to comment.
13.	Duty to inform witnesses of commissions' powers and to advise them of their own rights and obligations.
14.	Form and manner in which evidence may be given.
15.	Powers to establish rules and procedures relating to evidence and submissions.
16.	Powers relating to witnesses and documents.
17.	Power to direct certain persons to pay costs.
18.	Offence of making false statement.
19.	Evidence given to commissions not admissible in certain proceedings.
20.	Privileges and immunities of witnesses.
21.	Determinations on privilege.
22.	Right of appeal to High Court against determinations on privilege.
23.	Guidelines concerning recovery of legal costs necessarily incurred by witnesses.
24.	Request for recovery of legal costs necessarily incurred and certain other expenses.
25.	Signing of written directions.

PART 4

Other Powers Relating to Investigations

26.	Persons authorised to exercise powers of entry, inspection, etc.
27.	Governing principle for exercise of powers of entry, inspection, etc.
28.	Powers of entry, inspection, etc.
29.	Power of District Court to issue warrant authorising entry.
30.	Offence of obstructing, etc., authorised persons.
31.	Preservation of documents.

PART 5

Reports and Records of Commissions

32.	Preparation and content of final reports.
33.	Interim reports.
34.	Draft reports to be sent to certain persons.
35.	Amendment of draft reports for reasons relating to failure to observe fair procedures.
36.	Amendment of draft reports to preserve confidentiality of sensitive commercial information.
37.	Confidentiality of draft reports.
38.	Publication of final and interim reports.
39.	Restriction of Data Protection Act 1988.
40.	Restriction of Freedom of Information Acts 1997 to 2003. (Repealed)
41.	Availability of records for inspection by public under National Archives Act 1986.

PART 6

Miscellaneous Matters

42.	Privilege of members and persons appointed under section 8.
43.	Dissolution of commissions.
44.	If a tribunal of inquiry is established.
45.	Commissions' evidence and documents to be available to tribunals.
46.	Protection of identifying information by tribunals.
47.	Proceedings in the High Court.
48.	Offences by bodies corporate.
49.	Prosecutions.
50.	Penalties for offences.
51.	Expenses.

Acts Referred to
Data Protection Act 1988	1988, No. 25
Freedom of Information Acts 1997 to 2003
National Archives Act 1986	1986, No. 11
Petty Sessions (Ireland) Act 1851	14 & 15 Vict., c. 50
Tribunals of Inquiry (Evidence) Acts 1921 to 2004

Number 23 of 2004

COMMISSIONS OF INVESTIGATION ACT 2004

REVISED

Updated to 25 October 2020

AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF COMMISSIONS FROM TIME TO TIME TO INVESTIGATE INTO AND REPORT ON MATTERS CONSIDERED TO BE OF SIGNIFICANT PUBLIC CONCERN, TO PROVIDE FOR THE POWERS OF SUCH COMMISSIONS AND TO MAKE PROVISION FOR RELATED MATTERS.

[18th July 2004]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations

Modifications (not altering text):

Application of Act restricted (25.10.2020) by Commission of Investigation (Mother and Baby Homes and Certain Related Matters) Records, and Another Matter, Act 2020 (20/2020), ss. 3(3), 7(1), commenced on enactment.

Restriction on processing of certain records

3. ...

(3) For the avoidance of doubt, neither this Act nor the Act of 2004 shall operate to prevent the Agency from processing information contained in the database that was compiled from a related record given to the Commission by the Agency.

...

Dissolution of Commission and final report

7. (1) Notwithstanding the Act of 2004, the Commission shall stand dissolved on 28 February 2021.

(2) The Commission shall submit its final report to the Government no later than 30 October 2020.

Revised Acts

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Commissions of Investigation Act 2004