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Attendance of chief executive of Authority before other Oireachtas committees
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141. (1) Subject to subsection (2), the chief executive of the Authority shall, at the request in writing of an Oireachtas committee, attend before it to give account for the general administration of the Authority.
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(2) The chief executive of the Authority shall not be required to give account before an Oireachtas committee for 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.
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(3) The chief executive of the Authority shall, where of the opinion that subsection (2) applies to a matter about which he or she is requested to give account before an Oireachtas committee, inform the committee of that opinion and the reasons for the opinion.
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(4) The information required under subsection (3) shall be given to the Oireachtas committee in writing unless it is given when the chief executive of the Authority is before the committee.
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(5) Where, on being informed of the chief executive of the Authority’s opinion about the matter, the Oireachtas committee decides not to withdraw its request relating to the matter, the High Court may, on application under subsection (6), determine whether subsection (2) applies to the matter.
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(6) The Authority or the Oireachtas committee may apply in a summary manner to the High Court for a determination under subsection (5), but only where the application is made within 21 days after the date on which the chief executive of the Authority is informed of the committee’s decision not to withdraw its request.
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(7) Pending the determination of an application under subsection (6), the chief executive of the Authority shall not attend before the Oireachtas committee to give account for the matter that is the subject of the application.
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(8) Where the High Court determines that subsection (2) applies to the matter, the Oireachtas committee shall withdraw its request in so far as it relates to the matter, but where the Court determines that subsection (2) does not apply, the chief executive of the Authority shall attend before the committee to give account for the matter.
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(9) In carrying out duties under this section, the chief executive of the Authority shall not—
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(a) 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 policy, or
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(b) provide information that might facilitate the commission of an offence, prejudice a criminal investigation or prosecution or jeopardise the safety of any person.
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