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

PART 3

Part 2 Inquiries to Observe Fair Procedures

Findings of fact not to directly impugn person’s good name other than certain persons.

17.— (1) A reference in this Act (howsoever expressed) to the impugnment of the good name of a person in connection with a Part 2 inquiry is a reference to a finding of fact by the committee that directly impugns the good name only of a person against whom the committee may—

(a) if the inquiry is a section 7 inquiry, make such a finding pursuant to the relevant provisions of section 7 ,

(b) if the inquiry is a section 8 inquiry, make such a finding pursuant to the relevant provisions of section 8 ,

(c) if the inquiry is a section 9 inquiry, make such a finding pursuant to the relevant provisions of section 9 ,

(d) if the inquiry is a section 10 inquiry, make such a finding pursuant to the relevant provisions of section 10 ,

(e) if the inquiry is a section 11 inquiry, make such a finding pursuant to the relevant provisions of section 11 , and

(f) if the inquiry is a section 16 inquiry, make such a finding pursuant to the relevant provisions of section 16 .

(2) Subject to subsection (3), the committee shall not—

(a) make findings which directly impugn the good name of a person other than in accordance with the provisions of this Act as read with subsection (1), or

(b) make findings of civil or criminal liability.

(3) The committee may—

(a) make a finding that any matter relating to systems, practices, procedures or policy or arrangements for the implementation of policy which fall within the subject of the Part 2 inquiry ought to have been carried out in a different manner,

(b) make recommendations in relation to a matter referred to in paragraph (a), or

(c) subject to subsection (4), make a finding of relevant misbehaviour.

(4) Where a finding of fact of the committee is of relevant misbehaviour, the committee shall, in the finding of fact—

(a) give particulars of the matter occasioning that finding of fact, and

(b) give an assessment of the prejudice (if any) caused to the Part 2 inquiry by that matter.