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

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Award of Part 2 inquiry expenses against third parties, etc.

55.— (1) Subject to section 96 (3) and (4), where the Oireachtas Commission believes that the committee has incurred Part 2 inquiry expenses that the committee would not otherwise have incurred as a result of a person—

(a) failing, without reasonable excuse, to comply with any direction under this Act,

(b) failing, without reasonable excuse, to comply with a requirement that the committee was entitled to issue,

(c) engaging in conduct that is unreasonably prolix, dilatory or evasive or which otherwise results in the Part 2 inquiry being needlessly prolonged or in unnecessary Part 2 inquiry expenses being incurred,

(d) acting in a manner that has resulted in a finding of relevant misbehaviour being made in respect of him or her, or

(e) otherwise obstructing the inquiry,

the Oireachtas Commission may, after the finalisation of the final report, direct in writing (which direction shall be accompanied by the relevant documents) the person to pay to the Oireachtas Commission such expenses (including such expenses arising from any delay in completing the Part 2 inquiry).

(2) Subject to the guidelines (if any) issued under section 53 , subsection (5) and section 96 (3) and (4), where the Oireachtas Commission believes that a person (in this section referred to as the“aggrieved person”) who has attended before or given evidence to the committee is adversely affected as a result of an act or omission referred to in any of paragraphs (a) to (e) of subsection (1) such that the aggrieved person has incurred Part 2 inquiry expenses that would not otherwise have been incurred but for that act or omission, the Oireachtas Commission may, after the finalisation of the final report and at the request in the specified form of the aggrieved person, direct in writing (which direction shall be accompanied by the relevant documents) the person whose act or omission had that result to pay to the aggrieved person such expenses.

(3) Subject to section 96 (3) and (4), any sum payable pursuant to a direction under subsection (1) or (2) may be recovered as a simple contract debt in any court of competent jurisdiction.

(4) A person may be directed to pay Part 2 inquiry expenses under this section even though the act or omission that resulted in the direction is punishable as contempt or as an offence against a provision of this Act or otherwise renders the person liable to civil proceedings under this Act, and the direction shall not prevent the person being punished for contempt or the bringing of proceedings in respect of the offence or the act or omission concerned.

(5) Subject to section 96 (5) and (6), where a request in the specified form under subsection (2) is made to the Oireachtas Commission by the aggrieved person—

(a) it shall, not later than 45 days after the request is made, give a notice in writing to the aggrieved person of what action (which may be no action) it proposes to take in respect of the request and its reason for such action, and

(b) if, as a result of that request, the Oireachtas Commission gives a direction referred to in subsection (2), it shall, at the same time as it gives the direction, give a copy of it to the aggrieved person.

(6) The directions as to Part 2 inquiry expenses which the Oireachtas Commission may give under this section include a direction that a person shall pay any or any combination of the following:

(a) a proportion of another person’s such expenses;

(b) a stated amount in respect of another person’s such expenses;

(c) such expenses from or until a certain date only or in respect of a specified period;

(d) such expenses incurred after the resolution referred to in section 13 (1) in respect of the Part 2 inquiry was passed but before the inquiry commenced or, in the case of a Part 2 inquiry which is a section 16 inquiry, after section 16 applies and the committee that is to conduct the section 16 inquiry was identified but before the section 16 inquiry commenced;

(e) such expenses relating to particular steps taken in or in relation to the inquiry by the committee;

(f) such expenses relating only to a distinct part of the Part 2 inquiry;

(g) interest on such expenses from or until a certain date or in respect of a specified period.

(7) In this section “relevant documents”, in relation to Part 2 inquiry expenses specified in a direction under subsection (1) or (2), means—

(a) in the case of a direction under subsection (1), a breakdown of the matters in respect of which such expenses were incurred and the amount of such expenses attributable to each such matter,

(b) in the case of a direction under subsection (2), a breakdown, prepared in accordance with the guidelines (if any) issued under section 53 , of the matters in respect of which such expenses were incurred and the amount of such expenses attributable to each such matter,

(c) a copy of this Part,

(d) a copy of Part 9 ,

(e) a copy of the guidelines (if any) issued under section 53 , and

(f) a copy of the order of the Court under section 96 (3) making the confirmation concerned.