Commissions of Investigation Act 2004

Powers of entry, inspection, etc.

28

28.—(1) Subject to section 27 , any authorised person may do any or all of the following:

( a) enter at any reasonable time any premises in which the authorised person has reasonable grounds to believe there are any documents, or there is information in any form, relating to any matter within the commission's terms of reference;

( b) inspect any documents, or information in any form, on the premises;

( c) secure for later inspection any documents, any information in any form and any equipment in which those documents or that information may be held, if the authorised person has reason to believe that the documents or information may be relevant to the investigation;

( d) secure for later inspection the premises, or any part of the premises, but only if the authorised person considers it necessary to do so in order to preserve for inspection documents or information in any form that he or she has reason to believe may be kept there and may relate to the investigation;

( e) take copies of or extracts from any documents or any electronic information system on the premises, including in the case of information in a non-legible form, copies of or extracts from such information in a permanent legible form;

( f) remove for later examination or copying any documents, or information in any form, that the authorised person has reason to believe may relate to a matter under investigation and retain them for the period that he or she considers reasonable;

( g) direct any person on the premises to produce to the authorised person any documents, or information in any form, kept on the premises;

( h) direct any person on the premises having charge of, or otherwise concerned with the operation of, data equipment or any associated apparatus or material to provide the authorised person with all reasonable assistance in relation to the equipment, apparatus or material;

( i) direct any person on the premises to give to the authorised person any information that the authorised person may reasonably require with regard to a matter under investigation.

(2) Despite subsection (1), an authorised person may not enter a private dwelling or the part of any premises that is used as a private dwelling, except—

( a) with the consent of the occupier, or

( b) under the authority of a warrant issued under section 29 by a judge of the District Court.

(3) When exercising powers under this section, an authorised person may be accompanied by a member of the Garda Síochána.

(4) The production of a document in compliance with a direction under this section does not prejudice a person's lien on the document.