Electoral Reform Act 2022

Powers of investigation

183. The Principal Act is amended by the insertion of the following section after section 4A:

“4B. (1) Notwithstanding subsections (3), (4), (4A), (4B) and (4C) of section 4, where the Standards in Public Office Commission reasonably believes that a person may have committed or may be committing a contravention of Parts IV, V, VI or IX, the Standards in Public Office Commission may direct the carrying out of an investigation by an authorised officer under this section.

(2) The Standards in Public Office Commission may appoint such and so many persons as it may determine (each of whom is referred to in this section as an ‘authorised officer’) to carry out investigations under this section.

(3) The Standards in Public Office Commission shall furnish an authorised officer with an authorisation and, when carrying out an investigation under this section, an authorised officer shall, if requested to do so by any person affected by the investigation, produce to the person the authorisation or a copy of it together with a form of personal identification.

(4) An authorised officer may, for the purposes of carrying out an investigation under this section—

(a) require any person to provide any information or explanation which the authorised officer may reasonably require for the purposes of the investigation,

(b) require any person to produce any document or other thing of which the person has control, or to which the person has access, and which the authorised officer may reasonably require for the purposes of the investigation,

(c) require any person to attend before the authorised officer to answer questions, and to make a declaration of the truth of the answers to the questions, for the purposes of the investigation,

(d) subject to subsection (5), enter and search (if necessary accompanied by a member of the Garda Síochána) any premises at, on or in which the authorised officer reasonably believes there may be any document or other thing which the authorised officer may reasonably require for the purposes of the investigation,

(e) inspect and take copies of, or extracts from, any document or other thing produced in compliance with a requirement under paragraph (b) or found on a search under paragraph (d) or pursuant to a warrant under subsection (6),

(f) require a person to make available in a legible form any documents so produced or found otherwise than in a legible form, or

(g) require a person to give to the authorised officer such assistance as the authorised officer may reasonably require for the purposes of the investigation and make available to the authorised officer such reasonable facilities as are necessary for the authorised officer to exercise his or her powers.

(5) An authorised officer shall not enter a dwelling when carrying out an investigation under this section otherwise than—

(a) with the consent of the occupier, or

(b) pursuant to a warrant under subsection (6).

(6) If a judge of the District Court is satisfied on the sworn information of an authorised officer that there are reasonable grounds for believing that there is in, on or at any premises any document or other thing which the authorised officer may reasonably require for the purposes of an investigation under this section, the judge may issue a warrant authorising a named person at any time or times within one month from the date of issue of the warrant, on production (if so requested) of the warrant, to enter and search the premises using reasonable force where necessary, and exercise all or any of the powers conferred on an authorised officer.

(7) A warrant under subsection (6) may permit the person authorised by it to be accompanied by such members of the Garda Síochána or other persons as the person authorised by the warrant considers necessary.

(8) An authorised officer may, if authorised by the Standards in Public Office Commission to do so, make interim reports to the Commission while carrying out an investigation under this section.

(9) As soon as reasonably practicable after the conclusion of an investigation under this section the authorised officer by whom the investigation was carried out shall give to the Standards in Public Office Commission a copy of a report stating the findings of the investigation and the authorised officer’s conclusions on the findings together with his or her reasons for making them and the Commission shall consider the authorised officer’s report and, if it is satisfied that a contravention is taking or has taken place, may bring summary proceedings in respect of an offence under Parts IV, V, VI or IX.

(10) A statement or admission made by a person pursuant to a requirement under subsection (4) shall not be admissible in evidence in proceedings brought against that person for an offence (other than for an offence under sections 25(1)(d), 25(1A)(b), 25(1B)(a), 25(1C), 25(1D), 25(1E)(b), 25(1F), 43(2)(d), 43(3)(c), 61(2)(d), 61(2)(g), 61(2A), 61(2B)(b), 61(3)(c) and 92(1)(d)).

(11) The production of a document or other thing in compliance with a requirement under subsection (4) does not prejudice a person’s lien on the document or other thing.

(12) Nothing in this section shall operate to require a person to provide to an authorised officer any information or explanation, or to produce to an authorised officer any documents or other things, that he or she would be entitled to refuse to provide or produce on the grounds of legal professional privilege.

(13) An authorised officer shall not disclose any information obtained under this section otherwise than in a report under this section.

(14) In this section ‘premises’ includes vessel, aircraft, vehicle and any other means of transport, as well as land and any other fixed or moveable structure.”.