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Attendance of relevant person before other Oireachtas committees
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188. (1) Subject to subsection (2), a relevant person shall, at the request in writing of an Oireachtas committee, attend before it to give account for the general administration of the Office of the Police Ombudsman.
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(2) A relevant person shall not be required to give account before an Oireachtas committee for any matter which is, 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) A relevant person shall, where of the opinion that subsection (2) applies to a matter about which he or she is requested to give an 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 relevant person is before the committee.
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(5) Where, on being informed of the relevant person’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) A relevant person 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 relevant person is informed of the committee’s decision not to withdraw its request.
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(7) Pending the determination under subsection (5) of an application under subsection (6), the relevant person 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 under subsection (5) 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 under subsection (5) that subsection (2) does not apply, the relevant person shall attend before the committee to give account for the matter.
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(9) In carrying out duties under this section, a relevant person 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,
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(b) discuss matters relating to the security of the State,
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(c) provide information, other than financial information, relating to specific criminal investigations or prosecutions except an investigation or prosecution relating to money or assets for which he or she is the accounting officer, or
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(d) 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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(10) In this section, “relevant person” means the Police Ombudsman or the chief executive officer.
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