Human Rights Commission Act, 2000

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Enquiries by Commission.

9.—(1) The Commission may—

(a) of its own volition, if it considers it necessary or expedient to do so for the purpose of the performance of any of its functions under paragraph (a), (c), (d) or (e) of section 8 , or

(b) subject to subsections (2) to (5), at the request of any person who considers the conducting of such an enquiry to be necessary or expedient for the performance of any of those functions,

conduct an enquiry under this section into any relevant matter (and such an enquiry is referred to in this section as “an enquiry”).

(2) The Commission may refuse to conduct an enquiry at the request of any-person if it is of opinion that the matter to which the request relates could more appropriately be dealt with by the institution of legal proceedings or the making of an application to a tribunal or other person in whom are vested powers to award redress or grant relief in respect of the matter.

(3) The Commission shall refuse to conduct an enquiry at the request of any person, or shall discontinue any such enquiry which it has commenced, if it is of opinion, or, as the case may be, it becomes, during the course of the enquiry, of the opinion, that—

(a) the matter to which the request relates (“the matter concerned”) is trivial or vexatious or any alleged violation of human rights concerned is manifestly unfounded, or

(b) the person making the request has an insufficient interest in the matter concerned.

(4) If the Commission considers that the matter in relation to which it is requested under subsection (1)(b) to conduct an enquiry relates to or is concerned with an application to a tribunal or other person referred to in subsection (2) or legal proceedings that, in its opinion, is or are likely to be made or instituted or that has or have been made or instituted, the Commission shall postpone the making of a decision as to whether or not to accede to the said request until that application or those proceedings has or have been finally determined.

(5) If the Commission considers that each issue relating to human rights which arises in connection with a matter in relation to which it is requested under subsection (1)(b) to conduct an enquiry has been addressed and properly determined in an application that has been made to a tribunal or other person referred to in subsection (2) or legal proceedings that have been instituted, being an application or proceedings that has or have been finally determined, the Commission shall refuse to conduct an enquiry into the matter.

(6) For the purposes of an enquiry, the Commission—

(a) may require a person who, in the opinion of the Commission, is in possession of information or has a document or thing in his or her power or control that is relevant to the enquiry, to furnish that information, document or thing to the Commission, and

(b) where appropriate, may require such person to attend before the Commission for that purpose,

and that person shall comply with the requirement accordingly.

(7) A requirement under subsection (6) shall specify a period in which the requirement is to be complied with and, as appropriate—

(a) the place at which the person, the subject of the requirement, shall attend to give the information concerned or to which he or she shall deliver the document or thing concerned, or

(b) the place to which the said person shall send the information, document or thing concerned.

(8) A person required to attend before the Commission under subsection (6)—

(a) shall answer fully and truthfully any question put to him or her by the Commission (other than a question the answer to which might incriminate the person), and

(b) if so requested by the Commission, shall sign a declaration of the truth of his or her answers to any such question.

(9) If it appears to the Commission that a person has failed to comply with a requirement under subsection (6), the Commission may apply to the Circuit Court for an order under subsection (10).

(10) Subject to subsection (11) if, on an application under subsection (9), the Circuit Court is satisfied as to the failure of the person concerned to comply with the requirement in question, the Circuit Court may make an order requiring that person to comply with the requirement.

(11) If, on an application under subsection (9), the Circuit Court is of the opinion that the requirement in question purports to require the person concerned—

(a) to produce any document or thing, or

(b) to furnish information,

for which that person is entitled to claim legal professional privilege, the Circuit Court shall set aside the requirement.

(12) An enquiry may be conducted in public or in private as the Commission, in its discretion, considers appropriate.

(13) Subject to the provisions of this Act, the procedure for conducting an enquiry shall be such as the Commission considers appropriate in all the circumstances of the case.

(14) Information obtained by the Commission in the course of conducting an enquiry or by virtue of the performance by it of any of its other functions under this Act, being information which has not otherwise come to the notice of members of the public, shall not be disclosed by any person, save in accordance with law or under and in accordance with an authorisation under subsection (15).

(15) The Commission may authorise the disclosure of information referred to in subsection (14) and such an authorisation may be without any conditions or subject to such conditions as the Commission considers appropriate and specifies in the authorisation.

(16) If a person furnishes any information, document or thing to the Commission, pursuant to a requirement made under subsection (6), the furnishing of that information, document or thing shall not give rise to any civil liability in contract, tort or otherwise and nor shall the information, document or thing be admissible as evidence against that person in any civil or criminal proceedings.

(17) A person who fails to comply with a requirement made under subsection (6) or with subsection (14) shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,500 or imprisonment for a term not exceeding 12 months or both.

(18) An application under subsection (9) to the Circuit Court shall be made to the judge of the Circuit Court for the Circuit in which the respondent resides or ordinarily carries on any profession, business or occupation.