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Commissions of Investigation Act 2004

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Number 23 of 2004


COMMISSIONS OF INVESTIGATION ACT 2004


ARRANGEMENT OF SECTIONS

PART 1

Preliminary Matters

Section

1.

Short title.

2.

Interpretation.

PART 2

Establishment, Membership and Independence of Commissions

3.

Establishment of commissions.

4.

How terms of reference are to be set.

5.

Content of terms of reference and accompanying statement.

6.

Amendment of terms of reference and accompanying statement.

7.

Membership.

8.

Advice and assistance.

9.

Independence.

PART 3

Investigations and Related Matters

10.

Conduct of investigations.

11.

In general evidence to be given in private.

12.

Duty to disclose substance of evidence to other witnesses, etc., and to give them a chance to comment.

13.

Duty to inform witnesses of commissions' powers and to advise them of their own rights and obligations.

14.

Form and manner in which evidence may be given.

15.

Powers to establish rules and procedures relating to evidence and submissions.

16.

Powers relating to witnesses and documents.

17.

Power to direct certain persons to pay costs.

18.

Offence of making false statement.

19.

Evidence given to commissions not admissible in certain proceedings.

20.

Privileges and immunities of witnesses.

21.

Determinations on privilege.

22.

Right of appeal to High Court against determinations on privilege.

23.

Guidelines concerning recovery of legal costs necessarily incurred by witnesses.

24.

Request for recovery of legal costs necessarily incurred and certain other expenses.

25.

Signing of written directions.

PART 4

Other Powers Relating to Investigations

26.

Persons authorised to exercise powers of entry, inspection, etc.

27.

Governing principle for exercise of powers of entry, inspection, etc.

28.

Powers of entry, inspection, etc.

29.

Power of District Court to issue warrant authorising entry.

30.

Offence of obstructing, etc., authorised persons.

31.

Preservation of documents.

PART 5

Reports and Records of Commissions

32.

Preparation and content of final reports.

33.

Interim reports.

34.

Draft reports to be sent to certain persons.

35.

Amendment of draft reports for reasons relating to failure to observe fair procedures.

36.

Amendment of draft reports to preserve confidentiality of sensitive commercial information.

37.

Confidentiality of draft reports.

38.

Publication of final and interim reports.

39.

Restriction of Data Protection Act 1988.

40.

Restriction of Freedom of Information Acts 1997 to 2003.

41.

Availability of records for inspection by public under National Archives Act 1986.

PART 6

Miscellaneous Matters

42.

Privilege of members and persons appointed under section 8.

43.

Dissolution of commissions.

44.

If a tribunal of inquiry is established.

45.

Commissions' evidence and documents to be available to tribunals.

46.

Protection of identifying information by tribunals.

47.

Proceedings in the High Court.

48.

Offences by bodies corporate.

49.

Prosecutions.

50.

Penalties for offences.

51.

Expenses.


Acts Referred to

Data Protection Act 1988

1988, No. 25

Freedom of Information Acts 1997 to 2003

National Archives Act 1986

1986, No. 11

Petty Sessions (Ireland) Act 1851

14 & 15 Vict., c. 50

Tribunals of Inquiry (Evidence) Acts 1921 to 2004

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Number 23 of 2004


COMMISSIONS OF INVESTIGATIONS ACT 2004


AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF COMMISSIONS FROM TIME TO TIME TO INVESTIGATE INTO AND REPORT ON MATTERS CONSIDERED TO BE OF SIGNIFICANT PUBLIC CONCERN, TO PROVIDE FOR THE POWERS OF SUCH COMMISSIONS AND TO MAKE PROVISION FOR RELATED MATTERS.

[18th July 2004]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: