Tribunals of Inquiry (Evidence) (Amendment) (No. 2) Act, 1998

Amendment of section 1A of Tribunals of Inquiry (Evidence) Act, 1921.

1.—The Tribunals of Inquiry (Evidence) Act, 1921 , is hereby amended by the substitution for section 1A (inserted by the Tribunals of Inquiry (Evidence) (Amendment) Act, 1998 ) of the following section:

“Amendment of instrument by which tribunal is appointed.

1A.—(1) An instrument to which this section applies (whether made before or after the passing of the Tribunals of Inquiry (Evidence) (Amendment) (No. 2) Act, 1998) shall be amended, pursuant to a Resolution of both Houses of the Oireachtas, by a Minister of the Government where—

(a) the tribunal has consented to the proposed amendment, following consultation between the tribunal and the Attorney General on behalf of the Minister, or

(b) the tribunal has requested the amendment.

(2) Without prejudice to the generality of subsection (1), the tribunal shall not consent to or request an amendment to an instrument to which this section applies where it is satisfied that such amendment would prejudice the legal rights of any person who has co-operated with or provided information to the tribunal under its terms of reference.

(3) Where an instrument to which this section applies is so amended this Act shall apply.

(4) This section applies, in the case of a tribunal to which this Act is applied under section 1 of this Act, to the instrument by which the tribunal is appointed.”.