Houses of the Oireachtas (Inquiries, Privileges and Procedures) Act 2013

Disapplication of section 94 (5)(a) or (b), or 100(2)(b), to committee in certain circumstances.

101.— (1) This section applies to a person who has—

(a) given the committee a notice in writing referred to in section 94 (4)(a) but has failed to make the application to the Court specified in the notice,

(b) made an application referred to in section 94 (4)(b) to the Court but has withdrawn or abandoned the application, or

(c) made an application referred to in section 100 (2)(a) to the Court but has withdrawn or abandoned the application.

(2) Where a person to whom this section applies gives the committee a substantially similar section 94 (4) notice, the committee may, on notice to the person, apply in a summary manner to the Court for an order that paragraph (a) of section 94 (5) shall not apply to the committee in the case of that notice.

(3) Where a person to whom this section applies makes a substantially similar section 94 (4) application to the Court, the committee may, on notice to the person, apply in a summary manner to the Court for an order that paragraph (b) of section 94 (5) shall not apply to the committee in the case of that application.

(4) Where a person to whom this section applies makes a substantially similar section 100 (2) application to the Court, the committee may, on notice to the person, apply in a summary manner to the Court for an order that paragraph (b) of section 100 (2) shall not apply to the committee in the case of that application.

(5) The Court, on an application under subsection (2), (3) or (4), may—

(a) make the order sought by the application, or

(b) refuse to make such an order.

(6) In this section—

“substantially similar section 94 (4) notice”, in relation to a person to whom this section applies, means a notice in writing referred to in section 94 (4) given by the person to the committee and which is the same as, or substantially similar to, the notice referred to in paragraph (a) of subsection (1) previously given by the person to the committee;

“substantially similar section 94 (4) application”, in relation to a person to whom this section applies, means an application referred to in section 94 (4) made by the person to the Court and which is the same as, or substantially similar to, the application referred to in paragraph (b) of subsection (1) previously made by the person to the Court;

“substantially similar section 100 (2) application”, in relation to a person to whom this section applies, means an application referred to in section 100 (2) made by the person to the Court and which is the same as, or substantially similar to, the application referred to in paragraph (c) of subsection (1) previously made by the person to the Court.