Houses of the Oireachtas (Inquiries, Privileges and Procedures) Act 2013

Action to be taken where good name of person is directly impugned.

23.— (1) Where, during the course of the conduct of the Part 2 inquiry, the chairman of the committee is of the opinion that the good name of a person is being, or is likely to be, directly impugned, in contravention of a provision of this Act, by a witness or committee member, the chairman shall—

(a) direct the witness or committee member, as the case may be—

(i) to cease giving the evidence or making the utterance concerned, or

(ii) to not give the evidence or make the utterance concerned,

and

(b) if paragraph (a)(i) applies, direct that the allegation constituting such impugnment shall not be published.

(2) The privilege against defamation in relation to proceedings before the Part 2 inquiry shall not apply to a publication by a person (not being a member of a House) of an allegation referred to in subsection (1) made by a witness.