Commissions of Investigation Act 2004

Advice and assistance.

8

8.—(1) The chairperson of a commission or, if the commission consists of only one member, the sole member may, with the approval of the specified Minister given with the consent of the Minister for Finance—

( a) appoint persons with relevant qualifications and experience (including barristers and solicitors) to advise or assist the commission in relation to any matter within its terms of reference, and

( b) determine the terms and conditions of their appointment.

(2) The specified Minister may direct that a competitive tendering process be used in selecting persons with relevant qualifications and experience (including barristers and solicitors) for appointment under subsection (1).

(3) The specified Minister may prepare guidelines that are to be followed if a direction is given to use a competitive tendering process.

(4) Before directing that a competitive tendering process be used, the specified Minister shall consult with the chairperson of the commission concerned or, if the commission consists of only one member, with the sole member.

(5) In considering whether to direct that a competitive tendering process be used, the specified Minister may have regard to—

( a) the subject matter of investigation,

( b) the time frame for the submission of the commission's final report to the specified Minister,

( c) the qualifications and experience required for appointment,

( d) the functions to be performed by the persons,

( e) the likely costs of the performance of those functions, and

( f) any other relevant factor.

(6) Subject to subsection (8), the chairperson of a commission or, if the commission consists of only one member, the sole member may specify the functions to be performed by persons appointed under this section.

(7) The functions specified under subsection (6) may include—

( a) interviewing persons for the purpose of assessing the relevance or evidential value of information or documents they wish to provide to the commission,

( b) interviewing persons as to the evidence they propose to give to the commission,

( c) recording, in writing or otherwise, statements given and answers made by persons while being interviewed,

( d) reporting to the commission on the results of those interviews,

( e) requesting persons to provide the commission with written statements concerning any matter relevant for the purposes of the investigation and examining statements provided in response to the requests, and

( f) providing the commission with any other advice or assistance required in relation to the investigation or the preparation of its reports.

(8) A person appointed under this section may not administer oaths or take affirmations, but, if authorised by the commission to do so, may request a person interviewed as described in subsection (7) by him or her to sign a record of a statement made or answer given by that person during the interview.

(9) When requesting that a record of a statement or answer be signed under subsection (8), a person appointed under this section shall inform the person to whom the request is made of the commission's powers—

( a) under section 16(1)(h) to give a direction in relation to the statement or answer, and

( b) under section 17 to direct payment of costs for failure to comply with a direction under section 16(1)(h) .

Annotations:

Modifications (not altering text):

C3

Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2), subject to transitional provisions in arts. 6-9.

2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.

(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.

3. The functions conferred on the Minister for Finance by or under the provisions of —

(a) the enactments specified in Schedule 1, and

(b) the statutory instruments specified in Schedule 2,

are transferred to the Minister for Public Expenditure and Reform.

...

5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.

...

Schedule 1

Enactments

...

Part 2

1922 to 2011 Enactments

Number and Year

Short Title

Provision

(1)

(2)

(3)

...

...

...

No. 23 of 2004

Commissions of Investigation Act 2004

Sections 3, 8, 16, 17(1) and (4) and 23

...

...

...