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

Duty to inform witness of committee’s powers and to advise witness, etc.

28.— (1) The committee shall, before a person gives evidence to the committee, whether voluntarily or on being directed by the committee to do so—

(a) give the person a copy of this Act, and

(b) give the person a statement in writing advising the person that, if he or she does not co-operate with the Part 2 inquiry, or ceases to co-operate with the inquiry, the committee may exercise, in respect of that person, such of its powers set out in this Act as it considers necessary or appropriate.

(2) Where any witness giving evidence in the course of the proceedings of a Part 2 inquiry gives evidence which the committee is satisfied contradicts evidence previously given in the course of any specified proceedings (in this subsection referred to as the “previous evidence”), the committee shall, as soon as it is practicable to do so, put the previous evidence to the witness.

(3) The committee shall cause the cross-examination of a witness to occur forthwith after the witness has given evidence to the Part 2 inquiry (including any case where the evidence was given otherwise than in public) unless it is not practicable to do so.

(4) In subsection (2) “specified proceedings”, in relation to a Part 2 inquiry, means—

(a) the proceedings of the committee conducting the inquiry,

(b) the proceedings, of which that committee is aware, of another committee conducting a Part 2 inquiry,

(c) the proceedings, of which that committee is aware, of another committee conducting other committee business, or

(d) the proceedings, of which that committee is aware, of a court, tribunal or commission.