Competition and Consumer Protection Act 2014
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Accountability of chairperson to other Oireachtas Committees | ||
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27. (1) Subject to subsection (2), the chairperson of the Commission shall, at the request in writing of a Committee, attend before it to give account for the general administration of the Commission. | ||
(2) The chairperson of the Commission shall not be required to give account before a Committee in relation to— | ||
(a) any matter which is or has been or may at a future time be the subject of proceedings before a court or tribunal in the State, | ||
(b) any matter specified in paragraphs (a) to (d) of subsection (7) of section 10 , or | ||
(c) a determination in relation to a merger or acquisition under section 21(2) of the Act of 2002. | ||
(3) Where the chairperson of the Commission is of the opinion that a matter in respect of which he or she is requested to give an account before a Committee is a matter to which subsection (2) applies, he or she shall inform the Committee of that opinion and the reasons for the opinion and, unless the information is conveyed to the Committee at a time when the chairperson of the Commission is before it, the information shall be so conveyed in writing. | ||
(4) Where the chairperson of the Commission has informed a Committee of his or her opinion in accordance with subsection (3) and the Committee does not withdraw the request referred to in subsection (1) in so far as it relates to a matter the subject of that opinion— | ||
(a) the chairperson of the Commission may, not later than 21 days after being informed by the Committee of its decision not to do so, apply to the High Court in a summary manner for determination of the question whether the matter is one to which subsection (2) applies, or | ||
(b) the Chairperson of the Committee may, on behalf of the Committee, make such an application, | ||
and the High Court shall determine the matter. | ||
(5) Pending the determination of an application under subsection (4), the chairperson of the Commission shall not attend before the Committee to give account for the matter the subject of the application. | ||
(6) If the High Court determines that the matter concerned is one to which subsection (2) applies, the Committee shall withdraw the request referred to in subsection (1), but if the High Court determines that subsection (2) does not apply, the chairperson of the Commission shall attend before the Committee to give account for the matter. | ||
(7) In the performance of his or her duties under this section, the chairperson of the Commission shall not question or express an opinion on the merits of any policy of the Government or a Minister of the Government or on the merits of the objectives of such a policy. | ||
(8) In this section “Committee” means a Committee appointed by either House of the Oireachtas or jointly by both Houses of the Oireachtas (other than the Committee referred to in section 26 or the Committee on Members’ Interests of Dáil Éireann or the Committee on Members’ Interests of Seanad Éireann) or a sub-Committee of such a Committee. |