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