Committees of the Houses of the Oireachtas (Compellability, Privileges and Immunities of Witnesses) Act, 1997

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Number 17 of 1997

COMMITTEES OF THE HOUSES OF THE OIREACHTAS (COMPELLABILITY, PRIVILEGES AND IMMUNITIES OF WITNESSES) ACT, 1997

ARRANGEMENT OF SECTIONS

Number 17 of 1997

COMMITTEES OF THE HOUSES OF THE OIREACHTAS (COMPELLABILITY, PRIVILEGES AND IMMUNITIES OF WITNESSES) ACT, 1997

AN ACT TO MAKE PROVISION REGARDING COMPELLABILITY AND THE PRIVILEGES AND IMMUNITIES OF WITNESSES BEFORE COMMITTEES OF THE HOUSES OF THE OIREACHTAS AND TO PROVIDE FOR RELATED MATTERS. [5th May, 1997]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Interpretation.

1.—(1) In this Act, save where the context otherwise requires—

“the appropriate subcommittee”—

(a) in relation to a committee appointed by either House of the Oireachtas or a subcommittee of such a committee, means a subcommittee of the Committee on Procedure and Privileges of that House,

(b) in relation to a committee appointed jointly by both Houses of the Oireachtas or a subcommittee of such a committee, means a subcommittee appointed jointly by the Committee on Procedure and Privileges of each such House,

that is authorised by the Committee or Committees aforesaid by which it is appointed to perform the functions conferred on it by this Act;

“a committee” means a committee appointed by either House of the Oireachtas or jointly by both Houses of the Oireachtas (other than the Committee on Members' Interests of Dáil Éireann or the Committee on Members' Interests of Seanad Éireann) or a subcommittee of such a committee;

“civil servant” has the meaning assigned to it by the Civil Service Regulation Act, 1956 ;

“direction” means a direction under section 3 and cognate words shall be construed accordingly;

“document” includes any class or description of document and also includes thing;

“evidence” includes the expression of an opinion, belief or intention.

(2) In this Act—

(a) a reference to a section is a reference to a section of this Act unless it is indicated that reference to some other provision is intended,

(b) a reference to a subsection or paragraph is a reference to a subsection or paragraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended, and

(c) a reference to any enactment shall be construed as a reference to that enactment as amended, adapted or extended by or under any subsequent enactment.

Application of sections 3 to 14 and 16.

2.— Sections 3 to 14 and 16 apply only to a committee on which power to send for persons, papers and records is conferred—

(a) by the House of the Oireachtas by which the committee was appointed, or

(b) if it was appointed jointly by both Houses of the Oireachtas, by both such Houses.

Power of committees to obtain evidence.

3.—(1) Subject to the provisions of this Act, a committee may with (if, immediately before the giving of the direction concerned, the appropriate subcommittee stands appointed) the consent of the appropriate subcommittee—

(a) direct in writing any person whose evidence is required by the committee to attend before the committee on a date and at a time and place specified in the direction and there to give evidence and to produce any document in his or her possession or power specified in the direction,

(b) direct a person in attendance before the committee pursuant to paragraph (a) to produce to the committee any document in his or her possession or power specified in the direction,

(c) direct in writing any person to send to the committee any document in his or her possession or power specified in the direction,

(d) direct in writing any person to make discovery on oath of any documents that are or have been in that person's possession or power relating to any matter relevant to the proceedings of the committee and to specify in the affidavit of documents concerned any documents mentioned therein which he or she objects to produce to the committee and the grounds for the objection, and the rules of court relating to the discovery of documents in proceedings in the High Court shall apply in relation to the discovery of documents pursuant to this paragraph with any necessary modifications,

(e) give any other directions for the purpose of the proceedings concerned that appear to the committee to be reasonable and just.

(2) The reasonable expenses of a person who—

(a) pursuant to a direction, attends before a committee, or

(b) pursuant to subsection (1) of section 10 , appears before a committee or gives evidence to a committee that the committee considers was, in the interests of justice, necessary or expedient for any of the purposes specified in the said subsection (1),

shall be paid out of moneys provided by the Oireachtas.

(3) (a) A direction in writing shall be signed by the chairman of the committee concerned or by another member of the committee duly authorised in that behalf by such chairman.

(b) Any other direction shall be given by the chairman of the committee concerned or by another member of the committee who is acting as chairman thereof.

(4) Subsection (1) does not apply to the President or an officer of the President or a judge of the Supreme Court, the High Court, the Circuit Court, the District Court or the Special Criminal Court.

(5) Subsection (1) does not apply to the Attorney General or an officer of the Attorney General except—

(a) where the committee concerned is the Committee of Public Accounts, and

(b) in so far as that subsection relates to evidence, or a document in his or her possession or power, concerning the general administration of the office of the Attorney General.

(6) Subsection (1) does not apply to the Director of Public Prosecutions or an officer of the Director of Public Prosecutions except—

(a) where the committee concerned is the Committee of Public Accounts, and

(b) in so far as the subsection relates to evidence, or a document in his or her possession or power, concerning—

(i) the general administration of the office of the Director of Public Prosecutions, or

(ii) statistics relevant to a matter referred to in a report of and published by the Director of Public Prosecutions in relation to the activities generally of the office aforesaid.

(7) Where a person disobeys a direction, the High Court may, on application to it in a summary manner in that behalf by the chairman of the committee concerned on behalf of the committee, order the person to comply with the direction and make such other (if any) order as it considers necessary and just to enable the direction to have full effect.

(8) A person who—

(a) having been directed under paragraph (a) of subsection (1) to attend before a committee and having had tendered to him or her any sum in respect of the expenses of his or her attendance before the committee which a witness summoned to attend before the High Court would be entitled to have tendered to him or her, without just cause or excuse, disobeys the direction,

(b) being in attendance before a committee pursuant to a direction under the said paragraph (a), refuses to take the oath on being required by the committee to do so or refuses to answer any question to which the committee may legally require an answer,

(c) without just cause or excuse, disobeys a direction under paragraph (b), (c), (d) or (e) of subsection (1),

(d) in relation to the discovery of documents pursuant to paragraph (d) of subsection (1), contravenes a rule of court referred to in that paragraph, or

(e) does any other thing in relation to the proceedings before a committee which, if done in relation to proceedings before a court by a witness in the court or any other person, would be contempt of that court,

shall be guilty of an offence.

(9) (a) A consent of the appropriate subcommittee under subsection (1) (“a consent”) shall be in writing and the document containing it shall be signed by the chairman of the subcommittee or by another member of the subcommittee duly authorised in that behalf by such chairman.

(b) A consent shall relate to a specified committee and specified functions of that committee and may relate, as may be specified in the consent, to one or more specified directions or classes of directions, or all directions, in relation to a specified person or matter or persons or matters generally and shall be subject to such restrictions, limitations or other conditions (if any) as may be specified in the consent.

(c) A document—

(i) produced at a meeting of a committee by the chairman of the committee or another member of the committee who is acting as chairman thereof, or

(ii) produced in a court by the chairman of a committee or another member of the committee duly authorised in that behalf by such chairman,

and purporting to comply with paragraph (a) and to contain a consent relating to that committee shall, unless the contrary is shown, be evidence—

(I) of the consent and that it relates to that committee, to the functions of that committee specified in the consent and to the directions or classes of directions so specified and that those directions or classes of directions relate to the persons or matters so specified, and

(II) of any restrictions, limitations or other conditions so specified to which the consent is subject.

(10) If a person gives false evidence before a committee in such circumstances that, if the person had given the evidence before a court, the person would be guilty of perjury, the person shall be guilty of that offence.

(11) In this section—

(a) a reference to the President, the Attorney General, the Director of Public Prosecutions or a judge of the Supreme Court, the High Court, the Circuit Court, the District Court or the Special Criminal Court is a reference to a person who holds or held that office in his or her capacity as such holder, and

(b) a reference to an officer, in relation to the President, the Attorney General or the Director of Public Prosecutions, is a reference to a person who is or was an officer of the President, the Attorney General or the Director of Public Prosecutions in his or her capacity as such an officer, and includes a reference to a person who provides or provided professional legal services to the Attorney General or the Director of Public Prosecutions under a contract for services in his or her capacity as such a provider.

Irrelevant evidence.

4.—(1) A committee may not direct a person to give evidence, or produce or send a document, to it, or attend before it to give evidence, or produce a document, to it, that is not relevant to the proceedings of the committee.

(2) Where a direction to which paragraph (a) relates is given to a person and the person is of opinion that evidence or a document to which the direction relates is not relevant to the proceedings of the committee concerned and so informs the committee—

(a) the committee shall either withdraw the direction or refer the question whether the evidence or document is so relevant—

(i) if the committee is a committee of Dáil Éireann or a subcommittee of such a committee, to the Chairman of Dáil Éireann,

(ii) if the committee is a committee of Seanad Éireann or a subcommittee of such a committee, to the Chairman of Seanad Éireann,

(iii) if the committee is a joint committee of Dáil Éireann and Seanad Éireann or a subcommittee of such a committee, to both such Chairmen,

(b) if the question is referred to either or both of such Chairmen, he, she or they shall decide it, and

(c) if he, she or they decides or decide or (if there is an appeal from the decision) the High Court decides that the evidence or document is not relevant to the proceedings of the committee, the committee shall withdraw the direction.

(3) Where the Chairman or Chairmen aforesaid make a decision under subsection (2), he, she or they shall cause the committee concerned and the person to whom the direction concerned was given to be notified of the determination and the person may, within 21 days of the notification, appeal against the determination to the High Court.

Exemption of certain evidence, etc., from section 3 .

5.—(1) Subject to the provisions of this Act, a committee (“Oireachtas Committee”) may not direct a person to give evidence, or produce or send a document, to it or attend before it to give evidence, or produce a document, to it—

(a) relating to discussions at a meeting of the Government or a committee appointed by the Government whose membership consists of members of the Government,

(b) relating to discussions at a meeting of a committee appointed by the Government whose membership consists of one or more members of the Government together with any of the following, that is to say, one or more Ministers of State and the Attorney General if—

(i) the holding of the meeting was authorised by the Government,

(ii) the proceedings of the meeting were required by the Government to be reported to them, and

(iii) the Secretary to the Government so states in a document signed by him or her and furnished to the Oireachtas Committee concerned,

(c) if the evidence or document could, if given, sent or produced to it, reasonably be expected to prejudice a matter the subject of proceedings currently before a court in the State,

(d) if the evidence or document could, if given, sent or produced to it, reasonably be expected to affect adversely the security of the State or to be prejudicial to the State in its relations with other States,

(e) if the evidence or document could, if given, sent or produced to it, reasonably be expected to prejudice or impair the prevention, detection or investigation of offences, the apprehension or prosecution of offenders or the effectiveness of lawful methods, systems, plans or procedures employed for the purposes of the matters aforesaid, or

(f) relating to information kept for the purpose of assessing the liability of a person in respect of a tax or duty or other payment owed or payable to the State, a local authority (within the meaning of the Local Government Act, 1941 ) or a health board or for the purpose of collecting an amount due in respect of such a tax or duty or other payment.

(2) Where a direction is given under section 3 in relation to evidence or a document and—

(a) the person to whom it is given is of opinion that the evidence or document could if given, produced or sent to the committee concerned, reasonably be expected to prejudice proceedings currently before a court in the State and so informs the committee, or

(b) a person who is a party to any such proceedings is of opinion that the evidence or document could, if given, produced or sent as aforesaid, reasonably be expected to prejudice the proceedings and so informs the committee,

then—

(i) if the committee does not withdraw the direction—

(I) the person may, not later than 21 days after being informed by the committee of its decision not to do so, apply to the High Court in a summary manner for the determination of the question whether the evidence or document could, if given, produced or sent as aforesaid, reasonably be expected to prejudice the proceedings aforesaid, or

(II) the chairperson of the committee may, on behalf of the committee, make such an application,

(ii) if such an application is made, the committee shall, if necessary, adjourn the proceedings concerned for such period as it considers requisite and the High Court shall determine the question aforesaid, and

(iii) if the High Court determines that the evidence or document could, if given, produced or sent to the committee, prejudice the proceedings, the committee shall withdraw the direction.

(3) A committee may not direct a member of either House of the Oireachtas to give evidence, or produce or send a document, to it or attend before it to give evidence, or produce a document, to it, relating to the source of any information contained in an utterance by the member in either such House or at a meeting of a committee referred to in section 2 or any other committee.

(4) A meeting of persons who subsequently constitute the membership or part of the membership of a committee appointed pursuant to subsection (1)(b) shall not be regarded, for the purposes of this section, as a meeting of that committee.

Exemption of certain evidence, etc., from section 3 in particular circumstances.

6.—(1) If a person—

(a) is directed by a committee to give evidence, or produce or send a document, to it, or attend before it to give evidence, or produce a document, to it, and

(b) is of opinion that, by virtue of section 11 (1), he or she is entitled to disobey the direction,

the person may inform the committee of that opinion and, unless the information is conveyed to the committee at a time when the person is present at a meeting of the committee, it shall be so conveyed in writing.

(2) If a committee is informed pursuant to subsection (1) of the opinion referred to in that subsection of a person and does not withdraw the direction concerned—

(a) the committee shall apply to the High Court in a summary manner for the determination of the question whether the person is entitled, by virtue of section 11 (1), to disobey the direction,

(b) if an application is made to the High Court under paragraph (a), that Court shall determine the question concerned and the committee shall, if necessary, adjourn the proceedings concerned for such period as it considers requisite, and

(c) if the High Court determines that the person is entitled, by virtue of section 11 (1), to disobey the direction, the committee shall withdraw the direction.

(3) Where a person informs a committee pursuant to subsection (1) of his or her opinion in relation to evidence or a document referred to in that subsection, the person shall specify to the committee the reasons for the opinion and so much of any sitting of a committee as relates to proceedings under this subsection shall be held otherwise than in public.

Declarations in relation to directions.

7.—(a) If a person—

(i) is directed by a committee to give evidence or produce or send a document to it, and

(ii) the person is of opinion that the evidence or document could, if given, sent or produced to the committee, reasonably be expected to have the effect specified in paragraph (d) or (e) of section 5 (1),

the person may inform the committee of that opinion and, if the person does so and the committee does not withdraw the direction, it shall request the person to furnish to the committee a declaration under paragraph (d) in relation to the matter.

(b) If a request is made to a person under paragraph (a), the committee concerned shall, on the application of the person, allow such period, not being less than 30 days, as it considers reasonable for responding to the request and, if appropriate, the giving of a declaration under paragraph (d) and, for that purpose, the committee shall, if necessary, adjourn the proceedings concerned for such period as it considers requisite.

(c) If a declaration under paragraph (d) is furnished to the committee concerned, it shall withdraw the direction concerned.

(d) Where a request is made to a person under paragraph (a), the Secretary to the Government may, on application to him or her in that behalf by the person, if he or she considers that the evidence or document concerned would relate or relates to a matter to which paragraph (d) of subsection (1) of section 5 applies or to information specified in paragraph (e) of that subsection, give to the person a declaration in writing to that effect made by him or her.

Provisions in relation to proceedings in High Court.

8.—(1) Proceedings in the High Court under section 6 (2) shall be heard otherwise than in public.

(2) In proceedings in the High Court under this Act, the chairman of the committee concerned, the person to whom the direction concerned was given and any other person concerned (including, where appropriate, a person specified in subsection (1) of section 10 who is referred to in proceedings before the committee and a person referred to in subsection (2) of that section) shall be entitled to be heard and to adduce evidence.

Provisions supplementary to section 3 .

9.—(1) (a) Where a direction under paragraph (a) or (c) of section 3 (1) is given to a person in his or her capacity as an employee, or as a representative of a body, the committee concerned, shall, not less than 10 days before the day specified in the direction, notify the employer concerned or the body of the direction and of the matter to which the evidence or document concerned would relate or relates and the employer or another employee of the employer, authorised in that behalf by the employer, or, as the case may be, another representative, or an employee, of the body, authorised in that behalf by the body, may, if the committee so decides—

(i) appear before, and make submissions (including submissions in writing) to, the committee relevant to its proceedings, and

(ii) give evidence, and produce documents, to it, relevant to such proceedings.

(b) In paragraph (a) “employee” includes a civil servant and “employer”, in relation to a civil servant, means the civil servant who is the principal officer of the Department of State or other branch or office of the public service in which the first-mentioned civil servant is employed.

(2) A direction to a person (not being an individual) under section 3 (1) (c) shall be addressed—

(a) in the case of a Department of State or other branch or office of the public service, to the civil servant who is the principal officer of the Department of State, branch or office, and

(b) in any other case, to the chief officer of the body concerned,

and the day on or before which the document concerned is required to be sent to the committee shall be specified in the direction and shall be not less than 10 days after the date of the direction.

Right of audience, etc., of certain persons before committees.

10.—(1) Where, in the course of proceedings before a committee, a person is referred to by name or in such other manner as to be capable of being identified, the person may give evidence, and produce or send documents, to it and may, in person or through a legal or other representative—

(a) with the consent of the committee, appear before, and make submissions (including submissions in writing) to, the committee,

(b) request the committee—

(i) to direct specified persons to attend before the committee to give evidence to it, and

(ii) to procure, by direction, the production or sending of specified documents to it,

and

(c) examine witnesses before the committee pursuant to paragraph (b) and, with the consent of the committee, cross-examine other witnesses before it,

for the purpose of—

(i) correcting any mistake of fact or misstatement relating to or affecting the person made in the proceedings,

(ii) defending the person in relation to any allegation or charge, or defamatory or untrue statement, made in the proceedings, or

(iii) protecting and vindicating the personal and other rights of the person.

(2) Where, in the course of proceedings before a committee, a person who is not present at the sitting concerned is referred to by name or in such other manner as to be capable of being identified, the committee shall, if, in the interests of justice, it considers it appropriate to do so, cause a transcript of the relevant part of the proceedings to be furnished to the person.

(3) A committee shall comply with a request under paragraph (b) of subsection (1) or give its consent under that subsection if it considers that, in the interests of justice, it is necessary or expedient to do so for any of the purposes specified in that subsection.

Privileges and immunities of witnesses, etc., before committees.

11.—(1) Subject to subsection (2), a person whose evidence has been, is being or is to be given before a committee, or who produces, or sends a document to a committee, pursuant to a direction or who is directed to give evidence or produce a document to a committee or to attend before a committee and there to give evidence or produce a document shall be entitled to the same privileges and immunities as if the person were a witness before the High Court.

(2) If a person who is giving evidence to a committee in relation to a particular matter is directed to cease giving such evidence, the person shall be entitled only to qualified privilege in relation to defamation in respect of any such evidence as aforesaid given after the giving of the direction unless and until the committee withdraws the direction.

Non-admissibility in criminal proceedings of evidence given to committees.

12.—A statement or admission made by a person before a committee, or a document given or sent by a person to a committee pursuant to a direction of the committee to the person or specified in an affidavit of documents made by a person and given to a committee by the person pursuant to a direction of the committee to the person, shall not be admissible as evidence against the person in any criminal proceedings (other than proceedings in relation to an offence under section 3 (8) or the offence of perjury) and section 11 shall be construed and have effect accordingly.

Procedure of committees.

13.—(1) The appropriate subcommittee or, where appropriate, the appropriate subcommittees acting jointly may make rules and draw up and issue guidelines relating to the conduct of proceedings, and to the procedure generally, of committees.

(2) A committee shall, in so far as is reasonably practical, conduct its proceedings and perform its functions in accordance with any rules and guidelines under subsection (1).

(3) Proceedings of a committee may be heard otherwise than in public.

Evidence on oath.

14.—(1) A witness before a committee may be required by the committee to give his or her evidence to the committee on oath.

(2) Where a requirement under subsection (1) is made, the clerk to the committee concerned or any other member of the joint staff of the Houses of the Oireachtas may administer the oath to the witness concerned.

Restriction on evidence, etc., of certain persons.

15.—(1) A civil servant or a member of the Permanent Defence Force or the Garda Síochána shall not—

(a) while giving evidence to a committee, question or express an opinion on the merits of any policy of the Government or a Minister of the Government or the Attorney General or on the merits of the objectives of such a policy, or

(b) produce or send to a committee a specified document in which a civil servant or a member of the Permanent Defence Force or the Garda Síochána questions or expresses an opinion on the merits of any such policy or such objectives as aforesaid.

(2) (a) Notwithstanding subsection (1), where—

(i) a specified person is directed by a committee to produce or send a specified document to it or to attend before it to produce a specified document to it, and

(ii) the appropriate person is satisfied that a part, but not the whole, of the document consists of questioning by a specified person of, or the expression by a specified person of an opinion on, the merits of such a policy, or such objectives, as aforesaid,

the appropriate person shall direct the specified person in writing to produce or, as may be appropriate, send to the committee a copy, prepared under the supervision of the appropriate person, of so much of the document as does not consist of the part aforesaid and the specified person shall comply with the direction.

(b) A document prepared pursuant to paragraph (a) shall be signed by the appropriate person concerned and shall contain a statement to the effect that it is prepared pursuant to this subsection and is a copy of so much of the specified document to which the direction concerned relates as does not consist of the part in which the merits of such a policy, or such objectives, as aforesaid are questioned, or an opinion thereon is expressed, by a specified person.

(c) A document that is produced or sent to a committee pursuant to a direction of the committee and purports to be a document prepared pursuant to this subsection and to comply with paragraph (b) shall be deemed, unless the contrary is shown, to be a copy of so much of the specified document to which the direction relates as does not consist of the part in which the merits of such a policy, or such objectives, as aforesaid are questioned, or an opinion thereon is expressed, by a specified person.

(3) In this section—

“appropriate person”—

(i) in relation to a specified person who is a civil servant, means the principal officer of the Department of State or other branch or office of the public service in which the specified person is employed,

(ii) in relation to a specified person who is a member of the Defence Forces, means the Secretary of the Department of Defence, and

(iii) in relation to a specified person who is a member of the Garda Síochána, means the Secretary of the Department of Justice;

“specified document” means a document that is the subject of a direction for the purposes of particular proceedings of a committee and that was created before the commencement of those proceedings;

“specified person” means a person who is a civil servant or a member of the Permanent Defence Force or the Garda Síochána.

(4) This section does not apply to the Director of Consumer Affairs.

Saver and restriction of Official Secrets Act, 1963.

16.—(1) Section 3 is without prejudice to section 65 of the Court Officers Act, 1926 .

(2) Sections 4 and 5 of the Official Secrets Act, 1963 , shall not apply to evidence given or a document produced or sent to a committee pursuant to a direction.

Provisions in relation to offences.

17.—(1) A person guilty of an offence under section 3 (8) shall be liable—

(a) on summary conviction, to a fine not exceeding £1,500 or to imprisonment for a term not exceeding 12 months or to both, or

(b) on conviction on indictment, to a fine not exceeding £20,000 or to imprisonment for a term not exceeding 2 years or to both.

(2) Where an offence under this Act is committed by a body corporate and is proved to have been so committed with the consent, connivance or approval of, or to have been attributable to any wilful neglect on the part of, any person, being a director, manager, secretary or any other officer of the body corporate or a person who was purporting to act in any such capacity, that person, as well as the body corporate, shall be guilty of an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.

(3) A person who has been punished by the High Court for failure or refusal to comply with an order of that Court under subsection (7) of section 3 relating to a particular direction shall not be tried for an offence under subsection (10) of that section in relation to that direction and a person who has been tried for an offence under the said subsection (10) in relation to a particular direction shall not be proceeded against for failure or refusal to comply with an order of the High Court under the said subsection (7) relating to that direction.

Short title, commencement and cesser.

18.—(1) This Act may be cited as the Committees of the Houses of the Oireachtas (Compellability, Privileges and Immunities of Witnesses) Act, 1997.

(2) (a) If either House of the Oireachtas by resolution so declares, this Act, in so far as it applies to that House, the Chairman and members of, and committees appointed by, that House, subcommittees of such committees and the joint staff of the Houses of the Oireachtas, shall come into operation on such day as may be specified in the resolution.

(b) If each House of the Oireachtas by resolution so declares, this Act, in so far as it relates to committees appointed jointly by both such Houses and subcommittees of such committees, shall come into operation on such day as may be specified in the resolution.

(c) If either House of the Oireachtas by resolution so declares, this Act, in so far as it applies to that House, the Chairman and members of, and committees appointed by, that House, subcommittees of such committees and the joint staff of the Houses of the Oireachtas, shall cease to be in operation as on and from such day as may be specified in the resolution.

(d) If either House of the Oireachtas by resolution so declares, this Act, in so far as it relates to committees appointed jointly by both such Houses and subcommittees of such committees, shall cease to be in operation as on and from such day as may be specified in the resolution.