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Powers of appointed person
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85. (1) For the purposes of an inquiry, an appointed person may do one or more of the following:
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(a) direct a person, by notice delivered to him or her, to provide any information, document or thing that is specified in the notice and is relevant to, and required for the purposes of, the inquiry;
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(b) direct any person, by notice delivered to him or her, to produce at the time and place specified in the notice, any document or thing specified in the notice that is relevant to, and required for the purposes of, the inquiry and is in the person’s power or control;
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(c) summon witnesses to attend the inquiry;
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(d) direct a witness to answer a question put to him or her at the inquiry;
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(e) give any other direction that appears to the appointed person to be necessary, just and reasonable for the purposes of the inquiry;
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(f) administer oaths and affirmations to witnesses and examine witnesses attending the inquiry.
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(2) A person—
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(a) to whom a direction is given under paragraph (a), (b), (d) or (e) of subsection (1) shall—
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(i) cooperate with the inquiry, and
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(ii) comply fully with the direction,
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or
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(b) on whom a summons is served under subsection (1)(c) shall—
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(i) cooperate with the inquiry,
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(ii) attend on such date and at such time and place as may be specified in the summons, and
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(iii) answer fully and truthfully any question put to him or her by the appointed person.
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(3) Where, in the opinion of an appointed person, there has been an inexcusable delay on the part of a person in complying with a direction given under paragraph (a), (b), (d) or (e) of subsection (1), the appointed person shall—
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(a) where the delay is on the part of a member of garda personnel, report the delay to the Garda Commissioner,
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(b) where the delay is on the part of a member of the Authority, report the delay to the chief executive of the Authority, or
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(c) where the delay is on the part of any other person who is an employee or representative of any other public body, report the delay to the chief executive officer, howsoever called, of the body.
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(4) A failure or refusal by a member of garda personnel to comply with a direction given under paragraph (a), (b), (d) or (e) of subsection (1) or a summons under paragraph (c) of that subsection may be the subject of action in accordance with the Conduct Regulations or the conduct code.
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(5) Where a person fails or refuses to comply with, or disobeys, a direction or summons under subsection (1), the High Court may, on application by the appointed person and on notice to the member of garda personnel, member of the Authority or other person, as the case may be—
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(a) order the person in relation to whom the application was made to comply with the direction or, in the case of a summons, to attend the inquiry, and
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(b) make such other order (if any) as it considers necessary and just to enable the direction to have full effect or, in the case of a summons, to ensure the attendance at the inquiry.
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(6) Where a person fails or refuses to comply with an order under subsection (5), the court may treat the failure for all purposes as if it were contempt of court.
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(7) A statement or admission made by a person pursuant to a direction or summons under subsection (1) shall not be admissible as evidence in proceedings brought against that person for an offence.
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