Houses of the Oireachtas (Inquiries, Privileges and Procedures) Act 2013
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Chapter 2 Privileges and immunities, etc. | ||
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Privileges and immunities of witnesses. |
78.— (1) (a) Subject to subsection (2) and section 94 (where paragraph (a) of subsection (6) of that section applies), a person whose evidence has been, is being or is to be given before a committee, or who gives a document to the committee, whether voluntarily or pursuant to a direction— | |
(i) has the same immunities and privileges in respect of that evidence or document, and | ||
(ii) is, in addition to the penalties provided by this Act, subject to the same liabilities, | ||
as a witness to proceedings in the Court. | ||
(b) Subject to subsection (2) and section 94 (where paragraph (a) of subsection (6) of that section applies), a person who is directed under this Act to give evidence or a document to a committee or to attend before the committee and there to give evidence or a document— | ||
(i) has the same immunities and privileges in respect of that evidence or document, and | ||
(ii) is, in addition to the penalties provided by this Act, subject to the same liabilities, | ||
as a witness to proceedings in the Court. | ||
(2) Where a witness (not being a member of either House) who is giving evidence to a committee in relation to a particular matter is directed by the chairman of the committee to cease giving such evidence, the witness shall be entitled only to qualified privilege in relation to defamation in respect of any evidence given after the giving of the direction unless and until the chairman withdraws the direction. | ||
(3) Where it is determined that the privilege relied on as grounds for refusing to give a document applies to part only of the information in a document, the person directed to give the document shall cause to be prepared a redacted version, or a summary version, or both, as directed by the committee, of the document that excludes that privileged information, but only if— | ||
(a) the document so allows, and | ||
(b) in the committee’s opinion, it is in the best interests of the other committee business it is conducting and of fair procedures to do so. | ||
(4) Where a person causes a redacted version, or a summary version, or both, of a document to be prepared in accordance with this section, the redacted version, or the summary version, or both, as the case requires, forms part of the evidence received by the committee. |