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

Appeal to Court against certain direction under section 67 (1) or 83(1).

100.— (1) Subsection (2) applies where a direction under section 67 (1) or 83 (1) is given by a committee in relation to evidence or a document and—

(a) the person to whom it is given is of the opinion that the evidence or document could, if given to the committee, reasonably be expected to prejudice any criminal proceedings that are pending or in progress in the State or any criminal investigation that is currently being conducted in the State, and so informs the committee, or

(b) a person who is a party to any such criminal proceedings or who is conducting any such criminal investigation is of the opinion that the evidence or document could, if given to the committee, reasonably be expected to prejudice the proceedings or investigation, as the case may be, and so informs the committee.

(2) Where this subsection applies, in the case of a direction under section 67 (1) or 83 (1) given by a committee, and a person referred to in paragraph (a) or (b) of subsection (1), then—

(a) subject to subsection (3), if the committee does not withdraw the direction, the person may, not later than 14 days after being informed by the committee of its decision not to do so and on notice to the committee, apply to the Court in a summary manner for the determination of the question whether the evidence or document could, if given to the committee, reasonably be expected to have the effect specified in paragraph (c) of section 71 (1) or paragraph (c) of section 86 (1), as the case may be, or to prejudice the criminal proceedings or investigation concerned as referred to in paragraph (a) or (b) of subsection (1),

(b) subject to section 101 , if such an application is made, the committee shall adjourn its proceedings relating to the particular matter until—

(i) the application is withdrawn or abandoned, or

(ii) the final determination of the question referred to in paragraph (a),

and

(c) if the Court determines that the evidence or document could, if given to the committee, have the effect referred to in paragraph (a) on the criminal proceedings or investigation concerned, the committee shall withdraw the direction.

(3) The Court may extend the period referred to in subsection (2)(a) in respect of which an application referred to in that subsection may be made to it in any case where it is satisfied that there is good and sufficient reason for the extension.