Legal Services Ombudsman Act 2009
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Appearance before other committees of Houses of Oireachtas. |
17.— (1) The Legal Services Ombudsman shall attend a meeting of an Oireachtas Committee whenever asked to do so by the Committee and shall provide the Committee with such information (including documents) as it specifies and as is in the possession of, or is available to, the Ombudsman. | |
(2) The Legal Services Ombudsman is not required to give an account before an Oireachtas Committee of any matter— | ||
(a) relating solely to an individual complaint, or | ||
(b) that is, or is likely to be, the subject of proceedings before a court or tribunal in the State. | ||
(3) The Legal Services Ombudsman shall, if of the opinion that subsection (2) applies to a matter about which he or she is requested to give an account before an Oireachtas Committee, inform the Committee of that opinion and the reasons for the opinion. | ||
(4) The information required under subsection (3) to be given to the Oireachtas Committee shall be given in writing unless it is given when the Legal Services Ombudsman is before the Committee. | ||
(5) If, on being informed of the Legal Services Ombudsman’s opinion about a matter, the Oireachtas Committee decides not to withdraw its request, the High Court may, on application under subsection (6), determine whether subsection (2) applies to the matter. | ||
(6) An application for a determination under subsection (5) may be made in a summary manner to the High Court by— | ||
(a) the Legal Services Ombudsman not later than 21 days after being informed by the Oireachtas Committee of its decision not to withdraw its request, or | ||
(b) the chairperson of the Oireachtas Committee acting on its behalf. | ||
(7) Pending the determination of an application under subsection (6), the Legal Services Ombudsman shall not attend before the Oireachtas Committee to give an account of the matter to which the application relates. | ||
(8) If the High Court determines that subsection (2) applies to the matter, the Oireachtas Committee shall withdraw its request relating to the matter, but if the High Court determines that subsection (2) does not apply, the Legal Services Ombudsman shall attend before the Committee to give an account of the matter. | ||
(9) In this section, “Oireachtas Committee” means— | ||
(a) 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 16 (1), the Committee on Members’ Interests of Dáil Éireann or the Committee on Members’ Interests of Seanad Éireann), or | ||
(b) a subcommittee of a committee as defined in paragraph (a). |