Houses of the Oireachtas (Inquiries, Privileges and Procedures) Act 2013
PART 3 Part 2 Inquiries to Observe Fair Procedures | ||
Findings of fact not to directly impugn person’s good name other than certain persons. |
17.— (1) A reference in this Act (howsoever expressed) to the impugnment of the good name of a person in connection with a Part 2 inquiry is a reference to a finding of fact by the committee that directly impugns the good name only of a person against whom the committee may— | |
(a) if the inquiry is a section 7 inquiry, make such a finding pursuant to the relevant provisions of section 7 , | ||
(b) if the inquiry is a section 8 inquiry, make such a finding pursuant to the relevant provisions of section 8 , | ||
(c) if the inquiry is a section 9 inquiry, make such a finding pursuant to the relevant provisions of section 9 , | ||
(d) if the inquiry is a section 10 inquiry, make such a finding pursuant to the relevant provisions of section 10 , | ||
(e) if the inquiry is a section 11 inquiry, make such a finding pursuant to the relevant provisions of section 11 , and | ||
(f) if the inquiry is a section 16 inquiry, make such a finding pursuant to the relevant provisions of section 16 . | ||
(2) Subject to subsection (3), the committee shall not— | ||
(a) make findings which directly impugn the good name of a person other than in accordance with the provisions of this Act as read with subsection (1), or | ||
(b) make findings of civil or criminal liability. | ||
(3) The committee may— | ||
(a) make a finding that any matter relating to systems, practices, procedures or policy or arrangements for the implementation of policy which fall within the subject of the Part 2 inquiry ought to have been carried out in a different manner, | ||
(b) make recommendations in relation to a matter referred to in paragraph (a), or | ||
(c) subject to subsection (4), make a finding of relevant misbehaviour. | ||
(4) Where a finding of fact of the committee is of relevant misbehaviour, the committee shall, in the finding of fact— | ||
(a) give particulars of the matter occasioning that finding of fact, and | ||
(b) give an assessment of the prejudice (if any) caused to the Part 2 inquiry by that matter. |