Houses of the Oireachtas (Inquiries, Privileges and Procedures) Act 2013

Power of committee to conduct inquiry into conduct of member of House.

10.— (1) Subject to sections 12 (1) and 13 (1), a committee may conduct an inquiry into the conduct of a member of the House (including a member who may be removed from his or her office as such member pursuant to a relevant provision within the meaning of section 9 (6)) in his or her capacity as such member.

(2) The committee, in exercise of the power to conduct a section 10 inquiry, may—

(a) record evidence,

(b) report the evidence,

(c) subject to subsection (3), make findings of fact (if any), including findings of fact that directly impugn the good name of the member of the House to whom the inquiry relates or of relevant misbehaviour, and

(d) subject to subsection (3), make recommendations (if any) arising from one or both of the following:

(i) those findings of fact;

(ii) findings of fact made by another committee in conducting another Part 2 inquiry if the terms of reference for that other Part 2 inquiry expressly state that its findings of fact may be used in other Part 2 inquiries.

(3) The committee shall not have the power referred to in paragraph (c) or (d)(i) or (ii) of subsection (2) unless the terms of reference for the section 10 inquiry expressly state that the committee has that power.

(4) Subject to section 66 , the committee shall not have the power to send for persons, papers or records unless—

(a) that power has been conferred upon it pursuant to the applicable rules and standing orders, and

(b) the resolution under section 13 (1) for the section 10 inquiry specifies that that power has been or will be conferred upon the committee.

(5) The committee shall not conduct a section 10 inquiry, or continue to conduct a section 10 inquiry, into the conduct of a member of the House in his or her capacity as such member if such conduct—

(a) is the subject of a complaint under section 8 of the Ethics in Public Office Act 1995 , or

(b) is the subject of an investigation under section 9 of that Act.