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

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Number 33 of 2013

HOUSES OF THE OIREACHTAS (INQUIRIES, PRIVILEGES AND PROCEDURES) ACT 2013

ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

1. Short title and commencement.

2. Interpretation — general.

3. Expenses.

4. Laying of regulations.

5. Repeals.

PART 2

Types of Inquiries that may be Conducted

Chapter 1

Section 7, section 8, section 9, section 10 and section 11 inquiries, etc.

6. Application of Chapter 1.

7. Power of committee to conduct inquiry by way of recording evidence, etc.

8. Power of committee to conduct inquiry into legislative functions of either House or both Houses.

9. Power of committee to conduct inquiry into removal, etc., of certain officeholders.

10. Power of committee to conduct inquiry into conduct of member of House.

11. Power of committee to conduct inquiry into conduct of certain officeholders, etc.

12. Proposal by committee to conduct Part 2 inquiry.

13. Setting of terms of reference for Part 2 inquiry.

14. Finding of failure to co-operate with Part 2 inquiry.

Chapter 2

Section 16 inquiry

15. Application of section 16.

16. Committee may conduct investigation into charge under Article 12.10 of Constitution.

PART 3

Part 2 Inquiries to Observe Fair Procedures

17. Findings of fact not to directly impugn person’s good name other than certain persons.

18. Privileges and immunities of witnesses.

19. Guidelines relating to procedures of Part 2 inquiry.

20. Power of chairman of committee to give directions, etc.

21. Member not to be committee member where perception of bias might arise.

22. Rights of witness to Part 2 inquiry, etc.

23. Action to be taken where good name of person is directly impugned.

24. Right to good name of person in respect of whom committee is entitled to make finding that directly impugns good name.

25. Other persons identified in evidence.

26. Notice of intention to exercise powers under Part 6 relating to compellability.

27. Standard of proof.

28. Duty to inform witness of committee’s powers and to advise witness, etc.

29. Evidence given or sent to committee not admissible in certain proceedings.

30. Preservation of relevant material.

31. Inquiry to be held in public.

32. Offences — Part 3.

PART 4

Reports and Certain Confidential Documents Concerning Part 2 Inquiries

33. Final reports.

34. Interim reports.

35. Draft of relevant report to be given to certain persons.

36. Confidentiality of draft reports.

37. Confidentiality of other documents.

38. Preserving confidentiality of commercially sensitive information.

39. Amending draft reports.

40. Publication of final report and interim reports.

41. Offences — Part 4.

PART 5

Part 2 Inquiry Legal Costs, Part 2 Inquiry Expenses and Private Bill Legal Costs

Chapter 1

Definitions, estimate of Part 2 inquiry legal costs and Part 2 inquiry expenses and parliamentary legal costs adjudicators

42. Definitions — Part 5.

43. Estimate of sum of Part 2 inquiry legal costs and Part 2 inquiry expenses.

44. Parliamentary legal costs adjudicator.

45. Powers of parliamentary legal costs adjudicator.

Chapter 2

Part 2 inquiry legal costs

46. Oireachtas Commission to issue guidelines in respect of Part 2 inquiry legal costs.

47. Third party Part 2 inquiry legal costs in proceedings of Part 2 inquiry.

48. Award of Part 2 inquiry legal costs against third parties.

49. Payment by Oireachtas Commission of Part 2 inquiry legal costs, etc.

50. Proceedings for recoupment of Part 2 inquiry legal costs.

51. Application for assessment of Part 2 inquiry legal costs.

52. Certificate of costs.

Chapter 3

Part 2 inquiry expenses

53. Oireachtas Commission to issue guidelines in respect of Part 2 inquiry expenses.

54. Payment by Oireachtas Commission of Part 2 inquiry expenses.

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

Chapter 4

Private bill legal costs

56. Oireachtas Commission to issue guidelines in respect of private bill legal costs.

57. Awarding of private bill legal costs (promoter) to promoters.

58. Awarding of private bill legal costs (petitioner) to petitioners.

59. Proceedings for recoupment of private bill legal costs.

60. Provisions supplementary to sections 57 and 58.

61. Certificate of costs.

Chapter 5

Miscellaneous

62. Further application of Part 5.

63. Power of Oireachtas Commission to specify form of documents.

64. Offences — Part 5.

PART 6

Compellability, Privileges and Immunities in Relation to Part 2 Inquiries

65. Definition of “direction”.

66. Application of Part 6.

67. Powers of committee to obtain evidence.

68. Scope of section 67.

69. Application of section 67 to members of judiciary, etc.

70. Relevant evidence.

71. Exemption of certain evidence, etc., from section 67.

72. Declarations in relation to directions.

73. Provisions supplementary to section 67.

74. Saver and restriction of Official Secrets Act 1963.

75. Offences — Part 6.

PART 7

Compellability, Privileges and Immunities in Relation to Other Committee Business

Chapter 1

Definitions and application of Chapters 2 and 3

76. Definitions — Part 7.

77. Application of Chapters 2 and 3.

Chapter 2

Privileges and immunities, etc.

78. Privileges and immunities of witnesses.

79. Guidelines relating to procedures of other committee business.

80. Other persons identified in evidence.

81. Evidence given or sent to committee not admissible in certain proceedings.

82. Offences — Chapter 2.

Chapter 3

Directions that may be given by committee conducting other committee business and related matters

83. Powers of committee to obtain evidence.

84. Scope of section 83.

85. Relevant evidence.

86. Exemption of certain evidence, etc., from section 83.

87. Declarations in relation to directions.

88. Provisions supplementary to section 83.

89. Saver and restriction of Official Secrets Act 1963.

90. Offences — Chapter 3.

Chapter 4

Oireachtas Commission may pay expenses of witnesses, etc.

91. Oireachtas Commission may pay reasonable expenses of witnesses, etc.

PART 8

Privilege and Immunity of Committees and Members of Houses and Restriction of Evidence of Certain Persons

92. Privilege and immunity of committees, etc.

93. Restriction on evidence, etc., of certain persons.

PART 9

Applications to High Court in Relation to Relevant Proceedings, etc.

94. Application to Court for directions on matter relating to relevant proceedings.

95. Provisions that apply where committee resolves that publication of relevant report could prejudice criminal proceedings, etc.

96. Court’s role in award of third party legal costs, etc., under sections 48, 55, 57 and 58.

97. Court may set aside section 50 or 59.

98. Reference to Court concerning Part 2 inquiry legal costs or private bill legal costs.

99. Application to Court where person fails to comply with direction under section 67(1) or 83(1).

100. Appeal to Court against certain direction under section 67(1) or 83(1).

101. Disapplication of section 94(5)(a) or (b), or 100(2)(b), to committee in certain circumstances.

102. Court’s discretion to hear certain matters otherwise than in public.

103. Provisions supplementary to sections 94 to 102.

PART 10

Privilege in Relation to Private Papers and Confidential Communications

104. Interpretation — Part 10.

105. Protected communications of member.

106. Disclosure of communication.

107. Determining what constitutes private paper or confidential communication.

108. Guidelines.

109. Former or deceased member of House.

110. Disclosure of private paper by way of evidence.

111. Offences — Part 10.

PART 11

Privilege in Relation to Official Documents

112. Interpretation — Part 11.

113. Directions relating to official documents.

114. Restriction on unauthorised access to official documents.

115. Disclosure of official document by way of evidence.

116. Offences — Part 11.

PART 12

Evidence on Oath

117. Power to examine witnesses and administer oaths.

118. Power to require evidence on oath.

119. Offences — Part 12.

PART 13

Laying of Documents

120. Definition of “statute”.

121. Procedure for laying documents.

122. Provision of minimum period in relation to laying of certain documents.

PART 14

Miscellaneous

123. Offences by bodies corporate.

124. Proceedings in Court, etc.

125. Prosecutions.

126. Legal proceedings not to fall on discontinuation of inquiry, etc.

127. Restriction of Freedom of Information Acts 1997 and 2003.

128. Amendment of Witnesses (Public Inquiries) Protection Act 1892.

129. Amendment of section 21 of Companies Act 1990.

130. Amendment of section 46 of Freedom of Information Act 1997.

131. Amendment of section 13 of Child Trafficking and Pornography Act 1998.

132. Amendment of section 17 of Defamation Act 2009.

133. Offences — Part 14.

SCHEDULE

Repeals

Acts Referred to

Number 33 of 2013

HOUSES OF THE OIREACHTAS (INQUIRIES, PRIVILEGES AND PROCEDURES) ACT 2013

AN ACT TO PROVIDE FOR THE EXERCISE BY EITHER HOUSE OR BOTH HOUSES OF THE OIREACHTAS (OR BY A COMMITTEE OF EITHER HOUSE OR BOTH HOUSES) OF A POWER TO CONDUCT AN INQUIRY INTO SPECIFIED MATTERS, TO PROVIDE FOR MATTERS RELATING TO COMPELLABILITY, PRIVILEGE AND PROCEDURE IN THE HOUSES (AND IN COMMITTEES OF EITHER HOUSE OR BOTH HOUSES), AND TO PROVIDE FOR RELATED MATTERS.

[24th July, 2013]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: