Civil Defence Act, 2002
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Accountability of secretary general to other Oireachtas Committees. |
25.—(1) In this section, “Committee” means a Committee appointed by either House of the Oireachtas or jointly by both Houses of the Oireachtas (other than the Committee referred to in section 24 or the Committee on Members' Interests of Dáil Éireann or the Committee on Members' Interests of Seanad Éireann) or a subcommittee of such a committee. | |
(2) Subject to subsection (3), at the written request of a Committee, the secretary general shall attend before it to give account for the general administration of the Board, including the strategic plan laid before the Houses of the Oireachtas under section 30 , as may be required by the Committee. | ||
(3) The secretary general shall not be required to give account before a Committee for any matter that is or has been the subject of proceedings before a court or tribunal in the State. | ||
(4) Where the secretary general is of the opinion that a matter in respect of which the secretary general is requested to give an account before a Committee is a matter to which subsection (3) applies, he or she shall inform the Committee of that opinion and the reasons for the opinion and, unless the information is conveyed to the Committee at a time when the secretary general is before it, the information shall be conveyed in writing. | ||
(5) Where the secretary general has informed a Committee of his or her opinion in accordance with subsection (4) and the Committee does not withdraw the request referred to in subsection (2) in so far as it relates to a matter the subject of that opinion— | ||
(a) the secretary general may, not later than 21 days after being informed by the Committee of its decision not to do so, apply to the High Court in a summary manner for determination of the question whether the matter is one to which subsection (3) applies, or | ||
(b) the chairperson of the Committee may on behalf of the Committee make such an application, | ||
and the High Court may determine the matter. | ||
(6) Pending the determination of an application under subsection (5), the secretary general shall not attend before the Committee to give account for the matter the subject of the application. | ||
(7) (a) If the High Court determines that the matter concerned is one to which subsection (3) applies, the Committee shall withdraw the request referred to in subsection (2). | ||
(b) If the High Court determines that subsection (3) does not apply, the secretary general shall attend before the Committee to give account for the matter. |