Houses of the Oireachtas (Inquiries, Privileges and Procedures) Act 2013
|
Restriction on unauthorised access to official documents. |
114.— (1) A person shall not have access to, or require the disclosure of, an official document of a House other than— | |
(a) with a consent in writing given in accordance with the rules and standing orders, or | ||
(b) subject to subsection (2), where it is determined by the Court, upon application being made to it under this section, that the access or disclosure, as the case may be, is relevant to the investigation of any offence alleged against a member, or is essential by virtue of an overriding public interest arising in the context of proceedings before a court, tribunal, commission or Part 2 inquiry. | ||
(2) The Court shall, in determining under paragraph (b) of subsection (1) whether or not it should make an order providing for access to, or the disclosure of, an official document, have regard to— | ||
(a) the extent to which the document relates to a matter of public importance or public interest, | ||
(b) the rights and interests of any person affected, | ||
(c) the rights and interests of any other person who provided information to the House, | ||
(d) the rights and interests of any other person to whom the document relates, | ||
(e) the public interest in maintaining the confidentiality of the identity of persons who communicate with the House, | ||
(f) the public interest in maintaining the confidentiality of the contents of official documents, and | ||
(g) any other circumstances that the Court considers relevant. | ||
(3) Where under this section the Court orders access to, or the disclosure of, an official document, it shall determine the terms and extent of such access or disclosure, as the case may be. | ||
(4) Where the House is considering consenting under subsection (1)(a) to access to, or the disclosure of, an official document, it shall have regard to— | ||
(a) the extent to which the document relates to a matter of public importance or public interest, | ||
(b) the rights and interests of any person affected, and | ||
(c) any other circumstances that the House considers relevant. | ||
(5) Rules of court shall make provision for the manner in which an application to the Court under this section may be made. |