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Provisions that apply where committee resolves that publication of relevant report could prejudice criminal proceedings, etc.
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95.— (1) Where the committee is of the opinion, before a relevant report is finalised, that the publication of the report could reasonably be expected to prejudice any criminal proceedings that are pending or in progress in the State or any criminal investigation currently being conducted in the State, the committee shall apply to the Court for directions concerning the publication of the report.
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(2) The Court shall, before determining an application under subsection (1) in respect of a relevant report, direct that a notice in writing be given to—
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(a) the Attorney General,
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(b) the Director of Public Prosecutions,
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(c) the Commissioner of the Garda Síochána, and
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(d) any person who is a defendant in criminal proceedings relating to an act or omission that is referred to in the report or that is related to the inquiry and referred to in the report.
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(3) The Court may, on an application under subsection (1)—
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(a) receive submissions, and evidence tendered, by or on behalf of any person referred to in subsection (2), and
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(b) hear the application otherwise than in public if the Court considers it appropriate to do so.
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(4) Where the Court, after hearing an application under subsection (1) in respect of a relevant report, considers that the publication of the report could reasonably be expected to prejudice any criminal proceedings, or a criminal investigation, as specified in that subsection, it may direct that the report or a specified part of it shall not be published—
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(a) until a specified period of time has elapsed or until a specified event has occurred, or
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(b) until the Court otherwise directs.
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