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

47.

Third party Part 2 inquiry legal costs in proceedings of Part 2 inquiry.

47.— (1) Subject to subsection (3), a witness whose good name is or may be directly impugned in the Part 2 inquiry may apply in the specified form to the Oireachtas Commission for an order that the witness be entitled, subject to the guidelines (if any) issued under section 46, to the recoupment of the Part 2 inquiry legal costs incurred by him or her in relation to the inquiry.

(2) An application under subsection (1) shall not, in the absence of exceptional circumstances, be decided upon until—

(a) after the final report of the committee has been finalised, or

(b) after the termination of the inquiry,

whichever first occurs.

(3) An application under subsection (1) may be refused in whole or in part if the circumstances referred to in section 48(1) or (4) apply.

(4)(a) A person may, at any time, apply to the committee for a determination as to whether he or she is a person whose good name is or may be directly impugned in the Part 2 inquiry.

(b) The committee shall—

(i) determine an application referred to in paragraph (a) as soon as is practicable after receiving it, and

(ii) cease to further inquire into the person who made the application until it has given the person a notice in writing of its determination.