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

Right to good name of person in respect of whom committee is entitled to make finding that directly impugns good name.

24.— (1) Where, during the course of the conduct of the Part 2 inquiry, the good name of a person is to be, or is likely to be, directly impugned by a witness, and the person is a person against whom the committee is entitled to make a finding directly impugning his or her good name, the person has the right to—

(a) be given advance notice in writing of the evidence proposed to be given against him or her in so far as such evidence is reasonably ascertainable,

(b) cross-examine the witness (or any other witness who is relevant to such impugnment) for the purpose of challenging the allegation, whether by his or her legal practitioner or otherwise,

(c) give evidence to the inquiry to answer the allegation,

(d) call witnesses to answer the allegation,

(e) make a submission at the close of evidence, and

(f) subject to subsection (2), request the committee—

(i) to direct specified persons to attend before the inquiry to give evidence, and

(ii) to procure, by direction, the giving of specified documents to the inquiry.

(2) The committee may comply with a request under subsection (1)(f) made to it and shall do so if it considers that, having regard to the requirement to observe fair procedures, it is necessary or expedient to do so.