Local Government Act, 2001

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Power of inspector conducting a public local inquiry.

213.—(1) (a) An inspector appointed under section 212 (2) to conduct a public local inquiry may take evidence on oath or on affirmation at the inquiry and, for that purpose, he or she may administer oaths and affirmations.

(b) A person giving evidence at an inquiry to which paragraph (a) relates is entitled to the same immunities and privileges as if he or she were a witness before the High Court.

(c) A statement or admission made by a person before an inspector conducting a public local inquiry under this Part is not admissible in evidence against that person in any criminal proceedings other than proceedings in relation to an offence under subsection (4) or (5).

(2) An inspector appointed to conduct a public local inquiry under this Part may require any employee or member of a local authority to give to him or her any information which he or she reasonably requires for the purposes of the inquiry, and it is the duty of such person to comply with such requirement.

(3) (a) Subject to this section the inspector conducting a public local inquiry under this Part may require any person by notice in writing to do either or both of the following:

(i) attend the inquiry at such place and time as is specified in the notice to give evidence in relation to any matter in question at such inquiry, and

(ii) produce any books, receipts, deeds, contracts, accounts, vouchers, maps, plans, documents, or other data, information, materials or things in his or her possession, custody or control which relate to any such matter.

(b) A notice under paragraph (a) may be served—

(i) by delivering it to the person to whom it relates, or

(ii) by sending it by post in a prepaid registered envelope addressed to that person at the address at which he or she ordinarily resides or, where an address for service has been furnished, at such address.

(4) Where a person on whom a notice has been served under subsection (3)—

(a) refuses or wilfully neglects to attend in accordance with such notice,

(b) wilfully alters, suppresses, conceals or destroys any document or other information to which such notice relates,

(c) or who, having so attended in accordance with such notice refuses to give evidence,

(d) refuses or wilfully fails to produce any document or other information to which such notice relates,

such person is guilty of an offence under this section and is liable on summary conviction to a fine not exceeding £1,500 or, at the discretion of the court, to imprisonment for a term not exceeding 6 months or to both.

(5) Where a person on whom a notice has been served under subsection (3) or any other person—

(a) wilfully gives evidence which is material to the inquiry and which he or she knows to be false or does not believe to be true,

(b) by act or omission, obstructs or hinders the inspector conducting the inquiry in performance of his or her functions,

(c) refuses to take an oath or to make an affirmation when duly required by an inspector conducting the inquiry,

(d) refuses to answer any question to which the inspector conducting an inquiry may legally require an answer,

(e) does or omits to do any other thing and if such doing or omission would, if the inquiry had been the High Court, have been contempt of that Court,

such person is guilty of an offence under this section and is liable on summary conviction to a fine not exceeding £1,500 or, at the discretion of the court, to imprisonment for a term not exceeding 6 months or to both.

(6) (a) For the purposes of an inquiry under this Part, an inspector at all reasonable times (subject to his or her producing, if so required, his or her authority in writing as such person)—

(i) may, in the case of a dwelling with the consent of the occupier or any person appearing to the inspector to be in charge of the dwelling, enter and inspect the dwelling and do there all things reasonably necessary for the purpose for which the entry is made, and

(ii) in the case of land which is not a dwelling, shall be entitled to enter and inspect, such land or any thing on, or under such land and do there all things reasonably necessary for the purpose for which the entry is made and, in particular may survey, make plans, borings or tests, take levels, make excavations, take samples and photographs and examine the depth and nature of the subsoil.

(b) An inspector may take into any dwelling or onto any land which is not a dwelling such person or equipment as he or she considers necessary to assist him or her for any of the purposes referred to in paragraph (a).

(7) (a) Where an inspector is refused entry to a dwelling or land which is not a dwelling and such entry would be for the purposes of the exercise of his or her functions under this section, the Minister may apply to the District Court for a warrant authorising such entry.

(b) If on application being made to him or her under this subsection, a judge of the District Court is satisfied, on the sworn information of the applicant, that the inspector has been prevented from entering the dwelling or land concerned, the judge may issue a warrant under his or her hand authorising—

(i) the inspector at any time or times within one month from the date of the issue of the warrant, on production if so requested of the warrant, to enter, if need be by force, the dwelling or land concerned and exercise his or her functions under this section, and

(ii) if the judge considers it appropriate so to provide, the inspector to be accompanied by members of the Garda Síochána when entering the dwelling or land concerned.

(8) (a) If on a claim to the Minister it is shown that, as result of the exercise of any function under subsection (6), any person has suffered damage, that person is entitled to be paid by the Minister compensation in respect of the damage and the amount of damage may, in default of agreement, be determined by any court of competent jurisdiction.

(b) A claim under this section shall be made within, but not after—

(i) 6 months after the damage is suffered, or

(ii) such longer period as the court may allow if it appears to the court that there are reasonable grounds for requiring a longer period and that it would be just and equitable to extend the period.

(9) A person who obstructs or impedes or assists a person to obstruct or impede—

(a) an inspector in performance of his or her functions under subsection (6) (other than a person to whom paragraph (a)(i) of that subsection relates unless subsection (7)(b) also applies), or

(b) an inspector or a member of the Garda Síochána in performance of his or her functions under subsection (7)(b),

is guilty of an offence under this section and is liable on summary conviction to a fine not exceeding £1,500 or, at the discretion of the court, to imprisonment for a term not exceeding 6 months or to both.

(10) Summary proceedings for an offence under this section may be brought by the Minister.