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

81.

Evidence given or sent to committee not admissible in certain proceedings.

81.— (1) None of the following is admissible as evidence against a person in any other proceedings (including disciplinary proceedings) except proceedings in relation to an offence under this Act or the offence of perjury:

(a) a statement or admission made by the person to the committee during the course of the conduct of the other committee business;

(b) a document given or sent to the committee pursuant to a direction of the committee to the person;

(c) a document specified in an affidavit of documents made by the person and given to the committee pursuant to a direction of the committee;

(d) a document created by or for the committee (including any document which is incomplete or in a draft form only) for the purposes of the other committee business.

(2) A document that is otherwise available and was not created for the purposes of the other committee business will not be inadmissible as evidence in any proceedings (including disciplinary proceedings) by virtue of this section.

(3) Subject to provisions in this Act regarding confidentiality, the House may resolve to make documents of the other committee business available to another statutory authority (not being a court or disciplinary body) in accordance with rules and standing orders.

Annotations:

Modifications (not altering text):

C4

Reference to perjury construed (28.07.2021) by Criminal Justice (Perjury and Related Offences) Act 2021 (13/2021), s. 4(2) and sch. 2 item 53, S.I. No. 378 of 2021.

References to perjury or subornation of perjury

4. ...

(2) A reference in an enactment specified in Schedule 2 to perjury or to subornation of perjury, howsoever described, in relation to an act committed on or after the coming into operation of this subsection, shall be construed as a reference to perjury or to subornation of perjury, as the case may be, within the meaning of this Act.

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SCHEDULE 2

Section 4 (2)

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53. Houses of the Oireachtas (Inquiries, Privileges and Procedures) Act 2013, sections 29(1), 75(2), 81(1) and 90(2)

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