Residential Institutions Redress Act, 2002

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“Miscellaneous costs and expenses.

20.—(1) The Minister may, with the consent of the Minister for Finance and after consultation with the Commission, make a scheme providing for the payment by the Commission to a person who, pursuant to a request of a Committee or a direction attends before a Committee, of a reasonable amount in respect of the expenses incurred by the person in relation to such attendance.

(2) The Minister may, with the consent and after consultation aforesaid, make a scheme amending or revoking a scheme under this section.

(3) The Commission shall carry out a scheme under this section in accordance with its terms.

Legal representation and costs and expenses.

20A.—(1) The Investigation Committee may allow a person appearing before it to be represented by counsel or solicitor or otherwise.

(2) Subject to subsection (3), the Commission may pay such reasonable costs arising out of the representation referred to in subsection (1) to the person so represented as are agreed between the Commission and that person or, in default of agreement, such costs as may be taxed by a Taxing Master of the High Court.

(3) Where the Chairperson is of the opinion that a person has failed to co-operate with or provide assistance, or has knowingly given false or misleading information, to the Investigation Committee and there are sufficient reasons rendering it equitable to do so, the Chairperson may, on his or her own motion or pursuant to an application by a person appearing before the Investigation Committee, refuse to allow the whole or part of the costs of appearance to such person, and may make an order directing that the whole or part of such costs—

(a) of any person appearing before the Investigation Committee by counsel or solicitor, as may be taxed by a Taxing Master of the High Court in default of agreement, shall be paid to the person by the first-mentioned person, or

(b) incurred by the Investigation Committee, as may be taxed by a Taxing Master of the High Court in default of agreement, shall be paid to the Minister for Finance by the first-mentioned person.

(4) The Commission may pay to a person (other than a person referred to in subsection (2)) who makes discovery of documents pursuant to a direction under section 14(1)(d) appearing before the Investigation Committee by counsel or solicitor such reasonable costs of appearing as may be agreed between the Commission and that person or, in default of agreement, as may be taxed by a Taxing Master of the High Court.

(5) Where, in accordance with this section, expenses or costs are agreed or taxed, the Commission, or, as the case may be, the Taxing Master shall have regard to—

(a) any expenses and costs paid to the person by the Residential Institutions Redress Board, and

(b) any expenses and costs paid to the person by the State in respect of any litigation concerning the same, or substantially the same, acts complained of to the Investigation Committee,

for the purpose of ensuring that payment is not made more than once for any matter arising out of such expenses or costs.”,

“Deciding officers.

23A.—(1) The Commission may, with the consent of the Minister and the Minister for Finance, appoint persons (referred to in this Act as ‘deciding officers’) to assist the Investigation Committee in the carrying out of its functions.

(2) A deciding officer shall have such expertise in law, medicine, psychiatry, psychology or social work as the Commission considers appropriate.

(3) A deciding officer shall be appointed subject to such terms and conditions as the Minister, with the consent of the Minister for Finance, may determine.

(4) The Chairperson may, when making a determination under section 11(6), include such number of deciding officers as, in the opinion of the Chairperson, is appropriate.

(5) A deciding officer shall, in respect of a division of the Investigation Committee, exercise the functions of a member of that division.”.