Employment Equality Act, 1998

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Powers to enter premises, obtain information, etc.

94.—(1) Subject to subsection (3), this section has effect for the purpose of enabling information to be obtained which the Director or the Labour Court may require to enable them to exercise their functions under this Part; and in this section—

(a) a “designated officer” means the Director, the Chairman of the Labour Court, an equality officer or a person authorised in that behalf by the Director or the Chairman, and

(b) “material information” means information which a designated officer has reasonable grounds for believing to be relevant for the purpose set out above.

(2) For the purpose set out in subsection (1), a designated officer may do any one or more of the following:

(a) at all reasonable times, peaceably enter premises;

(b) require any person to produce to the designated officer any records, books, documents or other things which are in that person's power or control and which the designated officer has reasonable grounds for believing to contain material information and to give the designated officer such information and access as may reasonably be required in relation to the contents of any such records, books, documents or other things;

(c) inspect and copy or take extracts from any such records, books, documents or other things;

(d) inspect any work in progress at any premises.

(3) An equality officer who is nominated by the Director under section 80 (4) to investigate and prepare a report on a question specified by the Circuit Court may, for the purpose of that investigation and report, exercise any of the powers in paragraphs (a) to (d) of subsection (2); and, for the purpose of the application of this section in such a case—

(a) any reference in subsections (2), (5) and (6) to a designated officer shall be construed as a reference to the equality officer who is so nominated, and

(b) “material information” shall be construed as information which that equality officer has reasonable grounds for believing to be relevant for the purpose of the investigation and report.

(4) The powers conferred by subsection (2) shall not be exercised in respect of a dwelling or any person, record, book, document or other thing in a dwelling unless—

(a) where the powers are to be exercised by virtue of subsection (1), the Minister (or an officer of the Minister authorised by the Minister in that behalf) certifies in writing that there are reasonable grounds for believing that there is in the dwelling information which is material to the investigation of a case, or the consideration of an appeal, under this Part, or

(b) where the powers are to be exercised by virtue of subsection (3), the Circuit Court is satisfied that there are reasonable grounds for believing that there is in the dwelling information which is material to the equality officer's investigation.

(5) If a judge of the District Court is satisfied by information on oath of a designated officer that there is reasonable cause for suspecting that any records, books, documents or other things containing material information are to be found at any premises, the judge may issue a search warrant under this section.

(6) A search warrant issued under this section shall be expressed and operate to authorise a named designated officer, accompanied by such other persons as the named designated officer thinks necessary, at any time or times within 1 month from the date of issue of the warrant, on production if so requested of the warrant—

(a) to enter the premises named in the warrant, if necessary by force,

(b) to search these premises, and

(c) to exercise any such power as is described in subsection (2) (b) or (c) in relation to persons and records, books, documents or other things found at the premises.