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The Referee.
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5.—(1) For the purposes of this Act there shall be a referee (in this Act referred to as the Referee).
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(2) The Executive Council shall as soon as may be necessary after the passing of this Act and thereafter as occasion requires appoint on the recommendation of the Minister a person who at the date of his appointment is a judge of the Supreme Court, the High Court or the Circuit Court, or a Justice of the District Court, or a practising barrister of at least ten years' standing to be the Referee, and any person so appointed shall hold office during the pleasure of the Executive Council.
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(3) Whenever the Referee is through ill-health or other sufficient cause temporarily incapacitated from performing the duties of his office, the Executive Council may on the recommendation of the Minister appoint a person who at the date of his appointment is a judge of the Supreme Court, the High Court or the Circuit Court, or a Justice of the District Court or a practising barrister of at least ten years' standing to perform during such incapacity the duties of the Referee, and every person so appointed shall during such incapacity have all the powers of the Referee.
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(4) There may be paid out of moneys provided by the Oireachtas to the Referee or any person appointed under the immediately preceding sub-section such fees or remuneration as the Minister for Finance may determine.
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(5) The Minister may make rules regulating the procedure of the Referee.
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(6) The Referee may for the purpose of carrying out the duties imposed on him by this Act, make all such inquiries as he may deem necessary.
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(7) The Referee shall have all such powers, rights and privileges for enforcing the attendance of witnesses and examining them on oath (which he is hereby authorised to administer) or otherwise, and for compelling the production of documents as are vested in the High Court, or a judge thereof in respect of the trial of an action, and a summons signed by the Referee shall be equivalent to and have the like effect as a formal process issued by the High Court for enforcing the attendance of witnesses and compelling the production of documents.
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(8) If any person—
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(a) on being duly summoned as a witness before the Referee makes default in attending, or
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(b) being in attendance as a witness refuses to take an oath legally required by the Referee to be taken, or to produce any document in his power and control legally required by the Referee to be produced by him, or to answer any question to which the Referee may legally require an answer, or
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(c) does any other thing which would, if the Referee were a Court of Justice, having power to commit for contempt of court, be contempt of such court,
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the Referee may certify the offence of that person under his hand to the High Court and that court may, after such inquiry as it thinks proper to make, punish or take steps for the punishment of that person in like manner as if he had been guilty of contempt of the said court.
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