34. (1) Subject to subsection (2), the chief executive officer shall, at the written request of a committee, attend before it to give an account of the general administration of the Agency.

(2) The chief executive officer is not required to give an account before a committee of any matter relating to the general administration of the Agency that is, or is likely to be, the subject of proceedings before a court or tribunal in the State.

(3) Where the chief executive officer is of the opinion that a matter about which the chief executive officer is requested to give an account before a committee, is a matter to which subsection (2) applies, the chief executive officer shall inform the committee of that opinion and the reasons for it.

(4) The information required under subsection (3) to be given to the committee shall be given in writing except where the chief executive officer is before the committee.

(5) If, on being informed of the chief executive officer’s opinion about the matter, the committee decides not to withdraw its request, the High Court may, on application to it under subsection (6), determine whether subsection (2) applies to the matter.

(6) An application for a determination under subsection (5) may be made in a summary manner to the High Court by—

(a) the chief executive officer not later than 21 days after being informed by the committee of its decision not to withdraw its request, or

(b) the chairperson of the committee acting on its behalf.

(7) Pending the determination of an application under subsection (6), the chief executive officer shall not attend before the committee to give an account of the matter to which the application relates.

(8) Where the High Court determines that subsection (3) applies to the matter, the committee shall withdraw its request relating to the matter, but where the High Court determines that subsection (2) does not apply, the chief executive officer shall attend before the committee to give an account of the matter.

(9) In carrying out duties under this section, the chief executive officer shall not 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 a policy.

(10) With the permission of the chairperson of the committee making the request under subsection (2), either—

(a) a Board member, or

(b) an employee of the Agency nominated by the chief executive officer,

may attend before the committee in place of the chief executive officer to give an account of the general administration of the Agency, and in that case a reference in subsections (2) to (9) to the chief executive officer is to be read as a reference to the person attending in his or her place.

(11) 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, the Committee on Members’ Interests of Seanad Éireann), or

(b) a subcommittee of a committee referred in paragraph (a).