Standards in Public Office Act, 2001

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Inquiry officers.

6.—(1) The Commission may authorise such and so many persons as it may determine (referred to in this Act as “inquiry officers”) to perform the functions conferred on inquiry officers by this section.

(2) Whenever so requested by the Commission, an inquiry officer shall, for the purpose of assisting it in the performance of its functions, carry out a preliminary inquiry into a complaint under section 22 of the Principal Act or section 4 by—

(a) requesting the person who made the complaint, or any other person whose evidence would or might, in the opinion of the officer, be relevant to the inquiry, at the option of the person, to—

(i) provide him or her with a statement in writing of the evidence that the person would give to the Commission in relation to the matter at an investigation of the complaint by the Commission under section 23 of the Principal Act, or

(ii) make a statement of the evidence aforesaid at a meeting with him or her which the officer shall write down,

within such reasonable period as may be specified by the officer,

(b) furnishing the person against whom the complaint is made with particular of the complaint and copies of the statement or statements under paragraph (a) and with copies of any relevant documents and requesting the person, at the option of the person, to—

(i) provide him or her with a statement in writing of the evidence that the person would give to the Commission in relation to the matter at such an investigation as aforesaid in relation to the matter, or

(ii) make a statement of the evidence aforesaid at a meeting with him or her which the officer shall write down,

within such reasonable period as may be specified by the officer, and

(c) where appropriate, conducting interviews with the persons referred to in paragraphs (a) and (b), and questioning them, for the purpose of the making of the statements aforesaid.

(3) Following an inquiry pursuant to subsection (2), the inquiry officer concerned shall prepare a report in writing of the results of the inquiry and shall furnish the report and the statement or statements under subsection (2) and any relevant documents to the Commission; and the report shall not contain any determinations or findings, but shall, if the Commission so requests, include an expression of the opinion of the officer as to whether there is prima facie evidence to sustain the complaint concerned.

(4) A statement under subsection (2) shall be signed (or, where necessary, otherwise identified) by the person by whom it was made and, if the statement was made pursuant to paragraph (a)(ii) or (b)(ii) of that subsection, the signing shall be effected in the presence of the inquiry officer concerned, who shall then sign the statement.

(5) An inquiry officer may request the production by a person of any document in the possession or control of the person that the officer considers relevant to his or her inquiry.

(6) Where a document is produced by a person to an inquiry officer pursuant to a request under subsection (5), the officer may, with the consent of the person, retain the document in his or her possession for a reasonable period for the purpose of examining and copying it.

(7) A person being interviewed pursuant to subsection (2) may decline to answer any question asked, or refuse a request to produce a document made, by the inquiry officer concerned and may terminate the interview at any time and a person to whom a request is made under subsection (2) or (5) may refuse to comply with the request.

(8) An inquiry officer shall be furnished with the authorisation under subsection (1) relating to him or her and, when exercising a power under this section, shall, if so requested by a person affected, produce the authorisation or a copy of it to the person.