79.— (1) In this section “committee” means—

(a) a committee appointed by either House of the Oireachtas or jointly by both Houses of the Oireachtas (other than the Committee of Public Accounts, the Committee on Members’ Interests of Dáil Éireann or the Committee on Members’ Interests of Seanad Éireann), or

(b) a sub-committee of a committee as defined in paragraph (a).

(2) Subject to subsection (3), a member of the Ombudsman Commission nominated by it for the purpose shall, at the written request of a committee, attend before it to give account for the general administration of the Commission.

(3) The member of the Ombudsman Commission shall not be required to give account before a committee for any matter that is or is likely to be, the subject of proceedings before a court or tribunal in the State.

(4) The member of the Ombudsman Commission shall, if of the opinion that subsection (3) applies to a matter about which he or she is requested to give an account before a committee, inform the committee of that opinion and the reasons for the opinion.

(5) The information required under subsection (4) must be given to the committee in writing unless it is given when the member of the Ombudsman Commission is before the committee.

(6) If, on being informed of the member of the Ombudsman Commission’s opinion about the matter, the committee decides not to withdraw its request relating to the matter, the High Court may, on application under subsection (7), determine whether subsection (3) applies to the matter.

(7) Either the Ombudsman Commission or the committee may apply in a summary manner to the High Court for a determination under subsection (6), but only if the application is made within 21 days after the date on which the member of the Commission is informed of the committee’s decision not to withdraw its request.

(8) Pending the determination of an application under subsection (7), the member of the Ombudsman Commission shall not attend before the committee to give account for the matter that is the subject of the application.

(9) If the High Court determines that subsection (3) applies to the matter, the committee shall withdraw its request in so far as it relates to the matter, but if the Court determines that subsection (3) does not apply, the member of the Ombudsman Commission shall attend before the committee to give account for the matter.

(10) In carrying out duties under this section, a member of the Ombudsman F137[Commission] Commission shall not—

(a) question or express an opinion on the merits of any policy of the Government or a Minister of the Government or on the merits of the objectives of such policy, or

(b) provide information that might facilitate the commission of an offence, prejudice a criminal investigation or prosecution or jeopardise the safety of a person.