Transport (Railway Infrastructure) Act, 2001

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Public inquiry into application for railway order.

42.—(1) (a) Where an application is made to the Minister for a railway order, the Minister shall, within 14 days of acknowledging such application, direct a public inquiry to be held into the application in the functional area of the local authority in which the railway is proposed to be situated or such one of the local authorities in which it is proposed to be situated as the Minister may determine.

(b) Within 28 days of acknowledging such an application, the Minister shall, after consultation with An Bord Pleanála, appoint a person to be an inspector to hold the inquiry referred to in paragraph (a).

(c) The person appointed under paragraph (b) shall be a person who in the opinion of the Minister is independent, and has satisfactory experience, and competence in one or more of the following areas:

(i) transportation planning,

(ii) civil engineering,

(iii) land use planning,

(iv) architecture,

(v) law,

(vi) finance,

(vii) environmental matters, or

(viii) administration.

(d) The inspector appointed to hold an inquiry shall publish in one or more newspapers circulating in the area to which the proposed railway order relates a notice stating where and when the inquiry shall commence and where the application for the order may be viewed and inviting submissions to the inquiry.

(e) The inspector appointed to hold an inquiry shall hold the inquiry, which shall commence no earlier than the final date allowed for written submissions to the Minister under section 40 (3) or 41 (4), and shall prepare and submit to the Minister a report in writing of the findings of the inquiry and he or she may, if he or she so thinks fit, include in the report any recommendations he or she considers appropriate having regard to the inquiry and the Minister shall, without delay after such submission, cause the report to be published.

(f) Where an inspector is appointed under paragraph (b), the Minister may appoint a person or persons to act as an assessor or assessors to assist the inspector in relation to his or her functions under this section and a person or persons so appointed shall not take any part in the preparation of the report, the making of the findings or the recommendations (if any) under paragraph (e).

(g) Any interested person shall be entitled to appear and be heard at an inquiry under this section.

(2) The inspector appointed to hold an inquiry shall, for the purposes of the inquiry, consider—

(a) the application made to the Minister under section 37 ;

(b) the draft order and documents that accompanied the application;

(c) any submission, whether written or oral, made to the inquiry, or any written submission to the Minister under section 40 (3) or 41 (4);

(d) any alternatives to the application submitted to the inquiry;

(e) the impact of the proposed railway, the subject of the application, on local communities;

and such other matters as the inspector considers appropriate.

(3) The inspector appointed to hold an inquiry may, for the purposes of the inquiry—

(a) require, by summons, any person to attend as a witness to give evidence,

(b) require any person to produce such plans, books, papers and other documents (being in that person's custody or under his or her control) which the inspector may consider relevant and retain such plans, books, papers and documents for such time as he or she may reasonably require them,

(c) administer or cause to be administered an oath and take evidence under oath.

(4) If a person—

(a) on being duly summoned to attend as a witness under subsection (3) before an inquiry without just cause or excuse disobeys the summons,

(b) being in attendance as a witness refuses to take an oath or to make an affirmation when legally required by the inspector to do so, or to produce any documents in his or her custody or control legally required by the inspector to be produced by him or her or to answer any question to which the inspector may legally require an answer,

(c) 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,

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

(e) fails, neglects or refuses to comply with any requirement provided for under subsection (3)(b), or 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,

the person is guilty of an offence and shall be liable on summary conviction to a fine not exceeding €2,000 (£1,575.13) or to imprisonment for a term not exceeding 3 months or to both.

(5) A statement or admission made by a person before an inspector under this section shall not be admissible in evidence against that person in any criminal proceedings other than proceedings in relation to an offence under subsection (4).

(6) A person duly summoned to attend as a witness under subsection (3) before an inquiry shall be allowed such expenses to be paid out of moneys provided by the Oireachtas as would be allowed to a witness summoned to attend before a court of record and, in case of dispute as to the amount to be allowed, the dispute shall be referred by the inspector to a taxing master of the High Court who, on request signed by the inspector, shall ascertain and certify the proper amount of the expenses.

(7) A witness at an inquiry under this section shall be entitled to the same immunities and privileges as a witness in a court.

(8) The Minister may, if he or she so thinks fit, appoint more than one person to be an inspector for the purposes of this section and references in this section to an inspector shall, in the case where more than one is so appointed, be construed accordingly.

(9) An inspector shall be independent in the performance of his or her functions.

(10) (a)  Where a public inquiry has been held under this section and the inspector is of the opinion that, having regard to the findings of the inquiry and all other relevant matters, there are sufficient reasons rendering it equitable to do so, the inspector may recommend that the whole or part of the costs of any person appearing before the inquiry be paid to the person by the Minister, with the consent of the Minister for Finance.

(b)  Any costs referred to in paragraph (a) which refer to costs incurred by a person represented by counsel or solicitor shall be taxed by a taxing master of the High Court.

(11) An inspector shall cause copies of any documents or written submissions given or made to him or her at an inquiry under this section to be made available during the inquiry at the place where the inquiry is being held for inspection by members of the public.

(12) “inspector” means an inspector appointed under subsection (1)(b).