Houses of the Oireachtas (Inquiries, Privileges and Procedures) Act 2013
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Power of committee to conduct inquiry by way of recording evidence, etc. |
7.— (1) Subject to sections 12 (1) and 13 (1), a committee may conduct an inquiry into any matter where, in respect of the matter, the inquiry consists only of— | |
(a) recording evidence, | ||
(b) reporting the evidence, | ||
(c) subject to subsections (2) and (3), making findings of fact (if any), including of relevant misbehaviour, and | ||
(d) subject to subsection (3), making recommendations (if any) arising from one or both of the following: | ||
(i) those findings of fact; | ||
(ii) findings of fact made by another committee in conducting another Part 2 inquiry if the terms of reference for that other Part 2 inquiry expressly state that its findings of fact may be used in other Part 2 inquiries. | ||
(2) Subject to subsection (5), the committee, in exercise of the power to conduct a section 7 inquiry, shall not make any findings of fact except as to facts that are not contradicted by any witness or other person giving evidence in the course of— | ||
(a) the proceedings of the inquiry, or | ||
(b) the proceedings, of which the committee is aware, of a court, tribunal or commission. | ||
(3) The committee shall not have the power referred to in paragraph (c) or (d)(i) or (ii) of subsection (1) unless the terms of reference for the section 7 inquiry expressly state that the committee has that power. | ||
(4) Subject to section 66 , the committee shall not have the power to send for persons, papers or records unless— | ||
(a) that power has been conferred upon it pursuant to the applicable rules and standing orders, and | ||
(b) the resolution under section 13 (1) for the section 7 inquiry specifies that that power has been or will be conferred upon the committee. | ||
(5) Subsection (2) shall not apply to a finding of fact which is relevant misbehaviour. |