Houses of the Oireachtas (Inquiries, Privileges and Procedures) Act 2013
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PART 4 Reports and Certain Confidential Documents Concerning Part 2 Inquiries | ||
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Final reports. |
33.— (1) Subject to subsections (2) to (5), the committee shall, on the conclusion of the Part 2 inquiry, prepare and give to the House a final report in writing, based on the evidence received by the committee, setting out the evidence and the findings of facts (if any), including of relevant misbehaviour, made by the committee in relation to the matter the subject of the inquiry and (if the terms of reference for the inquiry so permit) such recommendations (if any) as the committee considers appropriate. | |
(2) The committee may omit from the final report any information that identifies or that could reasonably be expected to lead to the identification of a person who gave evidence to the committee or any other person if, in the committee’s opinion— | ||
(a) disclosure of the information could reasonably be expected to prejudice 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) disclosure of the information would be prejudicial to the Part 2 inquiry or any subsequent investigation or inquiry (whether under this Act or another Act) that has been commenced before the giving of the final report to the House, | ||
(c) it would be prejudicial to the person to have his or her identity made public and the omission of the information would not be prejudicial to the inquiry or any subsequent investigation or inquiry (whether under this Act or another Act) that has been commenced before the giving of the final report to the House, | ||
(d) it would not be in the interests of justice to disclose the information, or | ||
(e) for any other compelling reason, such information should be omitted. | ||
(3) The references to “findings of fact” and “recommendations” in subsection (1) also include references to findings of fact and recommendations covered by an interim report given to the House by the committee. | ||
(4) The committee may, at its discretion, omit from the printed version of the final report any evidence referred to in subsection (1) if— | ||
(a) the evidence was not given orally to the committee, | ||
(b) the committee ensures that the evidence omitted is readily accessible by members of the public (whether by the Internet or otherwise) for not less than 3 years commencing from the publication of the printed version of the final report, and | ||
(c) the printed version of the final report clearly states how members of the public may readily have access to the omitted evidence. | ||
(5) Where the committee is a House— | ||
(a) the words “and give to the House” shall be deemed to be omitted from subsection (1), and | ||
(b) the words “finalisation of the final report” shall be deemed to be substituted for the words “giving of the final report to the House” in paragraphs (b) and (c) of subsection (2). |