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

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Setting of terms of reference for Part 2 inquiry.

13.— (1) A committee shall not conduct a Part 2 inquiry unless—

(a) subject to subsection (3), the House has, in accordance with the rules and standing orders made by the House pursuant to subsection (2), passed a resolution in respect of the inquiry (in this section referred to as the “terms of reference resolution”) specifying—

(i) whether the inquiry is a section 7 inquiry, section 8 inquiry, section 9 inquiry, section 10 inquiry or section 11 inquiry,

(ii) subject to section 66 , whether the committee has or will have the power to send for persons, papers or records pursuant to the applicable rules and standing orders, and

(iii) such other matters as are set out in those rules and standing orders in so far as they relate to the terms of reference resolution,

and

(b) if the committee is a joint committee, the terms of reference resolution passed by each House are in identical terms.

(2) Each House may make rules and standing orders in relation to any of the following:

(a) without prejudice to the generality of section 12 (2), specifying the matters to be considered by the House concerned prior to passing or declining to pass the terms of reference resolution, including the likelihood, if the resolution is passed, of the Part 2 inquiry the subject of the resolution prejudicing any criminal proceedings that are pending or in progress in the State or any criminal investigation that is currently being conducted in the State;

(b) setting out matters to be specified in the terms of reference resolution for the purpose of describing the scope of the Part 2 inquiry the subject of the resolution as precisely as is practicable;

(c) specifying other matters that it considers are appropriate to be contained in the terms of reference resolution;

(d) making such other provision for the purposes of this section as the House considers appropriate.

(3) The House shall make rules and standing orders referred to in subsection (1)(a) not later than 50 sitting days after the commencement of this section.