Transport (Dublin Light Rail) Act, 1996

Public inquiry into application for light railway order.

8.—(1) (a) Where an application is made to the Minister for a light railway order, the Minister shall direct a public inquiry to be held into the application in the functional area of the local authority in which the light railway is proposed to be situated or such one of the local authorities in which it is proposed to be situated as the Minister may determine.

(b) The Minister shall, after consultation with An Bord Pleanála, appoint a person to be an inspector to hold the inquiry referred to in subsection (1).

(c) The person appointed under paragraph (b) shall be a person who in the opinion of the Minister has satisfactory experience and competence in one or more of the following areas: transportation planning, civil engineering, land use planning, architecture, law, finance, environmental matters or administration.

(d) The inspector so appointed shall hold the inquiry and shall prepare and submit to the Minister a report in writing of the findings of the inquiry and he or she may, if he or she so thinks fit, include in the report any recommendations he or she considers appropriate having regard to the inquiry and the Minister shall, without delay after such submission, cause the report to be published.

(e) Where an inspector is appointed under paragraph (b), the Minister may appoint a person or persons to act as an assessor or assessors to assist the inspector in relation to his or her functions under this section and a person or persons so appointed shall not take any part in the preparation of the report, the making of the findings or the recommendations (if any) under paragraph (b).

(f) The Board, every owner and occupier of land on, under or over which it is proposed to construct the light railway works the subject of the application, every planning authority within whose functional area the works are intended to be situated, every person who made a submission to the Minister under section 6 (3) or 7 (4) and every other interested person shall be entitled to appear and be heard at an inquiry under this section.

(2) An inspector appointed under this section shall, for the purposes of the inquiry, consider—

(i) the application made to the Minister under section 3 ;

(ii) the draft order, plan, book of reference to the plan and the environmental impact statement which accompanied the application;

(iii) any submission, whether written or oral, made to the inquiry;

(iv) any alternatives to the application submitted to the inquiry;

(v) the impact of the proposed light railway, the subject of the application, on local communities;

and such other matters as the inspector considers appropriate.

(3) An inspector appointed under this section may, for the purposes of the inquiry—

(a) require, by summons, any person to attend as a witness to give evidence,

(b) require any person to produce such plans, books, papers and other documents (being in that person's custody or under his or her control) which the inspector may consider relevant and retain such plans, books, papers and documents for such time as he or she may reasonably require them,

(c) administer or cause to be administered an oath and take evidence under oath.

(4) If a person—

(a) on being duly summoned to attend as a witness under subsection (3) before an inquiry without just cause or excuse disobeys the summons,

(b) being in attendance as a witness refuses to take an oath or to make an affirmation when legally required by the inspector to do so, or to produce any documents in his or her custody or control legally required by the inspector to be produced by him or her or to answer any question to which the inspector may legally require an answer,

(c) wilfully gives evidence which is material to the inquiry and which he or she knows to be false or does not believe to be true,

(d) by act or omission, obstructs or hinders the inspector in the performance of his or her functions,

(e) fails, neglects or refuses to comply with any requirement provided for under subsection (3) (b), or does or omits to do any other thing and if such doing or omission would, if the inquiry had been the High Court, have been contempt of that Court,

the person shall be guilty of an offence and liable on summary conviction to a fine not exceeding £1,500 or to imprisonment for a term not exceeding 6 months, or to both.

(5) A statement or admission made by a person before an inspector under this section shall not be admissible in evidence against that person in any criminal proceedings other than proceedings in relation to an offence under subsection (4).

(6) A person duly summoned to attend as a witness under subsection (3) before an inquiry shall be allowed such expenses to be paid out of moneys provided by the Oireachtas as would be allowed to a witness summoned to attend before a court of record and, in case of dispute as to the amount to be allowed, the dispute shall be referred by the inspector to a taxing master of the High Court, who, on request signed by the inspector, shall ascertain and certify the proper amount of the expenses.

(7) A witness at an inquiry under this section shall be entitled to the same immunities and privileges as a witness in a court.

(8) The Minister may, if he or she so thinks fit, appoint more than one person to be an inspector for the purposes of this section and references in this section to an inspector shall, in the case where more than one is so appointed, be construed accordingly.

(9) An inspector appointed under this section shall be independent in the performance of his or her functions.

(10) (a) Where a public inquiry has been held under this section and the Minister considers it reasonable that a contribution shall be made towards the costs and expenses reasonably incurred by any person (other than a local authority or other body) in relation to the inquiry, the Minister may certify that the contribution shall be made and the certificate shall specify the amount of the contribution and direct its payment to such person by the Board.

(b) A sum directed under this section to be paid by the Board to any person may be recovered by such person from the Board as a simple contract debt in any court of competent jurisdiction.

(11) An inspector appointed under this section shall cause copies of any documents or written submissions given or made to him or her at an inquiry under this section to be made available during the inquiry at the place where the inquiry is being held for inspection by members of the public.