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Irish Law Reform Commission Papers and Reports


You are here: BAILII >> Databases >> Irish Law Reform Commission Papers and Reports >> Public Inquiries Including Tribunals Of Inquiry, Report on (LRC 73-2005) [2005] IELRC 73(Appendix) (May 2005)
URL: http://www.bailii.org/ie/other/IELRC/2005/3(Appendix).html
Cite as: [2005] IELRC 73(Appendix)

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    START OF PAGE 181
    APPENDIX A DRAFT BILL
    DRAFT TRIBUNALS OF INQUIRY BILL 2005
    _____________________
    START OF PAGE 182
    Explanatory Notes
    The references below to sections given are to comparable, though not
    necessarily identical, provisions in the Tribunals of Inquiry
    (Evidence) Acts 1921 to 2004. References to paragraphs are to
    paragraphs in this Report.
    START OF PAGE 183

    _____________________

    DRAFT TRIBUNALS OF INQUIRY BILL 2005
    __________________

    ARRANGEMENT OF SECTIONS

    PART 1

    PRELIMINARY AND GENERAL

    Section

    1. Short title, construction and collective citation.
    2. Definitions.

    PART 2

    ESTABLISHMENT, INDEPENDENCE, TERMS OF REFERENCE AND

    MEMBERSHIP

    3. Establishment
    4. Nature of tribunal and effect on civil or criminal liability
    5. Legal personality
    6. Independence
    7. Terms of reference
    8. Content of terms of reference and accompanying statements
    9. Amendment of terms of reference
    10. Members
    11. Reserve members
    12. Experts and research

    PART 3

    PROCEDURES, POWERS AND OFFENCES

    13. Procedures
    14. Divisions
    15. Preliminary investigations
    16. Investigators
    17. Publicity
    START OF PAGE 184
    18. Representation
    19. Powers
    20. Enforcement by the High Court
    21. Privileges
    22. Judicial review
    23. Directions of the High Court
    24. Offences
    25. Suspension
    26. Termination and dissolution
    27. Non-admissibility in criminal proceedings of evidence given

    to tribunals

    PART 4

    REPORTS

    28. Preparation of the report
    29. Interim reports
    30. Publication of the report
    31. Admissibility of reports in civil proceedings

    PART 5

    COSTS AND REPEALS

    32. Costs
    33. Expenses
    34. Amendment of Commissions of Investigation Act 2004
    35. Repeals and consequential provisions
    START OF PAGE 185

    ACTS REFERRED TO

    Commissions of Investigation Act 2004 2004, No. 23

    Criminal Procedure Act 1967 1967, No. 12

    Petty Sessions (Ireland) Act 1851 1851, c.93

    Tribunals of Inquiry (Evidence) Act 1921 1921, c.7

    Tribunals of Inquiry (Evidence) (Amendment) Act 1979 1979, No. 3

    Tribunals of Inquiry (Evidence) (Amendment) Act 1997 1997, No. 42

    Tribunals of Inquiry (Evidence) (Amendment) Act 1998 1998, No. 11

    Tribunals of Inquiry (Evidence) (Amendment) (No.2) Act 1998 1998, No. 18

    Tribunals of Inquiry (Evidence) (Amendment) Act 2002 2002, No. 7

    Tribunals of Inquiry (Evidence) (Amendment) Act 2004 2004, No.13

    Tribunals of Inquiry (Evidence) Acts 1921 to 2004

    START OF PAGE 186

    [BLANK]

    START OF PAGE 187

    ____________

    DRAFT TRIBUNALS OF INQUIRY BILL 2005

    ____________

    BILL

    ____________

    entitled

    AN ACT TO MAKE FURTHER PROVISION CONCERNING THE

    ESTABLISHMENT OF TRIBUNALS OF INQUIRY, INCLUDING

    THE POWERS OF SUCH TRIBUNALS, TO REPEAL THE

    TRIBUNALS OF INQUIRY (EVIDENCE) ACTS 1921 TO 2004,

    TO AMEND THE COMMISSIONS OF INVESTIGATION ACT

    2004 AND TO PROVIDE FOR RELATED MATTERS

    BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

    PART 1

    PRELIMINARY MATTERS

    Short title
    1. – This Act may be cited as the Tribunals of Inquiry Act 2005.
    Definitions.
    2. – In this Act, unless the context otherwise requires -
    "responsible Minister" means the Minister referred to in
    section 3(3)(b);
    "the Tribunals of Inquiry (Evidence) Acts 1921 to 2004"

    means the Tribunals of Inquiry (Evidence) Act 1921, the

    Tribunals of Inquiry (Evidence) (Amendment) Act 1979, the

    Tribunals of Inquiry (Evidence) (Amendment) Act 1997, the

    Tribunals of Inquiry (Evidence) (Amendment) Act 1998, the

    Tribunals of Inquiry (Evidence) (Amendment) (No.2) Act

    1998, the Tribunals of Inquiry (Evidence) (Amendment) Act
    START OF PAGE 188
    2002 and the Tribunals of Inquiry (Evidence) (Amendment)

    Act 2004;

    "tribunal" means a tribunal of inquiry established under this

    Act.

    PART 2

    ESTABLISHMENT, TERMS OF REFERENCE AND MEMBERSHIP

    Establishment
    3. – (1) The Government may, by order, establish a tribunal to—
    (a) inquire into any matter considered by the

    Government to be a definite matter of urgent public

    importance, and

    (b) make any reports required under this Act in

    relation to its inquiry.

    (2) An order may be made under this section only if—
    (a) a draft of the proposed order and a statement of

    the reasons for establishing the tribunal have

    been laid before the Houses of the Oireachtas,

    and

    (b) a resolution approving the draft has been passed

    by each House.

    (3) The order establishing a tribunal shall specify—
    (a) the definite matter considered by the Government

    of urgent public importance, and

    (b) the Minister responsible for overseeing

    administrative matters relating to the conduct of

    the tribunal, for receiving its reports and for

    START OF PAGE 189

    performing any other functions given to him or

    her by this Act.

    Explanatory Note
    This section is a new section incorporating elements of section 1 of
    the Tribunals of Inquiry (Evidence) Act 1921. See paragraph 2.37.
    Nature of tribunal and effect on civil or criminal liability
    4. – (1) A tribunal is inquisitorial in nature.
    (2) A tribunal is not to rule on, and has no power to determine,

    any person's civil or criminal liability.

    (3) A tribunal is not to be inhibited in the discharge of its

    functions by any likelihood of liability being inferred from

    facts that it determines or recommendations that it makes.

    Explanatory Note
    This section is a new section. See paragraph 2.16
    Legal personality
    5. – A tribunal established shall be a body corporate with perpetual

    succession and power to sue and be sued in its corporate

    name.

    Explanatory Note
    This section is a new section. See paragraph 2.66.
    START OF PAGE 190
    Independence
    6. – A tribunal shall be independent in the performance of its

    functions.

    Explanatory Note
    This section is a new section. See paragraph 2.70.
    Terms of reference
    7. – (1) The order establishing a tribunal shall authorise the

    tribunal to set the terms of reference of the tribunal.

    (2) Before setting terms of reference, the tribunal shall consult

    with the responsible Minister, and such other persons or

    organisations as the tribunal considers appropriate.

    (3) The terms of reference and the accompanying statement

    shall be laid before the Houses of the Oireachtas and be

    approved by a resolution of each House.

    Explanatory Note
    This section is a new section. See paragraph 3.21.
    Content of terms of reference and accompanying statements
    8. – (1) The terms of reference of a tribunal shall, as appropriate

    and to the extent possible, specify the events, activities,

    circumstances, systems, practices or procedures to be inquired

    into with a view to ensuring that the scope of the inquiry into

    any matter referred to the tribunal is described precisely.

    (2) The tribunal in consultation with the responsible Minister

    shall ensure that an accompanying statement is prepared

    containing—

    START OF PAGE 191
    (a) a time frame for the submission of the final report

    of the tribunal to the responsible Minister; and

    (b) where it is considered appropriate, an estimate of

    the costs (including the legal costs) to be incurred

    by the tribunal in conducting its inquiry and

    preparing its reports.

    Explanatory Note
    This section is a new section. See paragraph 3.21 and 7.36.
    Amendment of terms of reference
    9. – (1) The terms of reference of a tribunal and accompanying

    statement may be amended at any time pursuant to a

    resolution of both Houses of the Oireachtas before the

    submission of the final report: —

    (a) following consultation between the tribunal and

    the Attorney General on behalf of the responsible

    Minister, or

    (b) where the tribunal has requested the amendment.
    (2) A tribunal may not consent to or request an amendment of

    its terms of reference or accompanying statement if satisfied

    that the proposed amendment would prejudice the legal rights

    of any person who has co-operated with or provided

    information to the tribunal.

    (3) The accompanying statement shall only be amended if, as

    a consequence of an amendment of those terms under this

    section, either or both of the following contents of the

    statement are no longer appropriate:

    START OF PAGE 192
    (a) the time frame for the submission of the final

    report of the tribunal to the responsible Minister;

    and

    (b) the estimate of the costs (including the legal

    costs) to be incurred by the tribunal in

    conducting its inquiry and preparing its reports,

    (4) Without prejudice to the preceding sub-sections, the

    tribunal in consultation with the responsible Minister may

    revise: —

    (a) to the extent possible, the time frame for the

    submission of the final report of the tribunal with

    the objective of having the inquiry conducted and

    the report submitted as expeditiously as a proper

    consideration of the matter referred to the

    tribunal permits, or

    (b) the estimate of the cost (including legal costs) to

    be incurred by the tribunal in conducting its

    inquiry and preparing its reports.

    (5) The revised accompanying statement must be approved by

    a resolution of both Houses of the Oireachtas.

    Explanatory Note
    This section is based on section 2A of the Tribunals of Inquiry
    (Evidence) Act 1921 as inserted by the Tribunals of Inquiry
    (Evidence)(Amendment) Act 1998. See paragraph 3.32.
    Members
    10. – (1) A tribunal may consist of one or more than one member.
    (2) Where a tribunal consists of one member, that person shall

    be known as the chairperson.

    (3) The Government shall appoint each member of a
    START OF PAGE 193

    tribunal by instrument in writing.

    (4) Appointments may be made to a tribunal at any time,

    including during the course of its inquiry.

    (5) Before appointing a person to be a member of a tribunal,

    the Government shall be satisfied that, having regard to the

    subject matter of the inquiry, the person has the appropriate

    experience, qualifications, training or expertise.

    (6) If the Government proposes to appoint as a member of a

    tribunal a serving member of the judiciary, the Government

    must consult with, and secure the approval of, the President of

    the Court of which the proposed person is a member.

    (7) Where more than one member is appointed to a tribunal,

    the Government shall designate one of the members as the

    chairperson.

    (8) If a tribunal consists of more than one member—
    (a) a decision of a majority of its members on any

    matter is deemed to be the decision of the

    tribunal, and

    (b) in the case of an equal division among the

    members as to a decision to be made, the

    decision of the chairperson on the matter is the

    decision of the tribunal.

    (9) If the chairperson is for any reason unable to continue to

    act as chairperson, the Government may designate another

    member of the tribunal as chairperson.

    (10) An appointment under subsection (3) or a designation

    under subsection (7) made during the course of an inquiry by a

    tribunal does not affect decisions made or actions taken by the

    tribunal before the appointment or designation.

    START OF PAGE 194
    (11) An appointment under subsection (3) or a designation

    under subsection (7) shall not be made unless the tribunal is

    satisfied that no person affected by the proceedings of the

    tribunal would be prejudiced thereby.

    (12) A member of a tribunal who is unable to act as a member,

    whether temporarily or for the remainder of the inquiry, is

    while unable to act deemed not to be a member of the tribunal.

    (13) A tribunal may act or continue to act despite one or more

    than one vacancy among its members if satisfied that the legal

    rights of any person affected by its inquiry would not be

    unduly prejudiced by doing so.

    (14) The Government may at any time by notice terminate the

    appointment of a member of a tribunal—

    (a) on the ground that, by reason of physical or

    mental illness or for any other reason, the

    member is unable or unfit to carry out the duties

    of a member of the tribunal.

    (b) on the ground that the member has failed to

    comply with his or her duties as a member of the

    tribunal.

    (15) Before exercising its powers to terminate the appointment

    of a member of a tribunal in relation to a member other than

    the chairperson, the Government must consult the chairperson.

    (16) Before exercising its powers to terminate the appointment

    of a member of a tribunal in relation to any member of the

    tribunal, the Government must—

    (a) inform the member of the proposed decision and

    of the reasons for it, and take into account any

    representations made by the member in response,

    and

    START OF PAGE 195
    (b) if the member so requests, consult the other

    members of the tribunal.

    (17) An order may be made under this section only if—
    (a) a draft of the proposed order terminating the

    appointment of the member and a statement of

    the reasons for have been laid before the Houses

    of the Oireachtas, and

    (b) a resolution approving the draft has been passed

    by each House.

    Explanatory Note
    This section is based on section 2 of the Tribunals of Inquiry
    (Evidence)(Amendment) Act 1979. See paragraphs 4.15, 4.41, 4.42,
    4.52, and 4.55.
    Reserve members
    11. – (1) The Government may appoint one or more persons to be a

    reserve member or members of a tribunal.

    (2) Appointments may be made at any time, including during

    the course of an inquiry by a tribunal.

    (3) Before appointing a person to be a reserve member, the

    Government shall be satisfied that, having regard to the

    subject matter of the tribunal, the person has the appropriate

    experience, qualifications, training or expertise.

    (4) If the Government proposes to appoint as a reserve

    member a serving member of the judiciary, the Government

    must consult with, and secure the approval of, the President of

    the Court of which the proposed person is a member.

    START OF PAGE 196
    (5) An appointment under subsection (2) made during the

    course of an inquiry by a tribunal does not affect decisions

    made or actions taken by the tribunal before the appointment.

    (6) A reserve member of a tribunal who is unable to act as a

    member, whether temporarily or for the remainder of the

    inquiry, is while unable to act deemed not to be a member of

    the tribunal.

    (7) A tribunal may act or continue to act despite one or more

    than one vacancy among its reserve members if satisfied that

    the legal rights of any person affected by its inquiry would not

    be unduly prejudiced by doing so.

    (8) The Government may at any time by notice terminate the

    appointment of a reserve member of a tribunal—

    (a) on the ground that, by reason of physical or

    mental illness or for any other reason, the reserve

    member is unable or unfit to carry out the duties

    of a reserve member of the tribunal, or

    (b) on the ground that the reserve member has failed

    to comply with his or her duties as a reserve

    member of the tribunal.

    (9) Before exercising its powers to terminate the appointment

    of a reserve member, the Government shall consult the

    chairperson.

    (10) Before exercising its powers to terminate the appointment

    of a reserve member of a tribunal, the Government shall—

    (a) inform the reserve member of the proposed

    decision and of the reasons for it, and take into

    account any representations made by the reserve

    member in response, and

    (b) if the member so requests, consult the other

    members of the tribunal.

    START OF PAGE 197
    (11) An order may be made under this section only if—
    (a) a draft of the proposed order terminating the

    appointment of the reserve member and a

    statement of the reasons for have been laid before

    the Houses of the Oireachtas, and

    (b) a resolution approving the draft has been passed

    by each House.

    Explanatory Note
    This section is based on section 5 of the Tribunals of Inquiry
    (Evidence)(Amendment) Act 2002. See paragraph 4.61.
    Experts and research
    12. – (1) If a tribunal considers that it requires the advice, guidance

    or assistance of experts in respect of any matter, it may, upon

    such terms and conditions as it may determine, appoint such

    and so many advisers having expertise in relation to that

    matter as it may determine.

    (2) A tribunal may, for the purpose of the performance of its

    functions, conduct, or commission the conduct of, research.

    Explanatory Note
    This is a new section. See paragraph 4.64.

    PART 3

    PROCEDURES, POWERS AND OFFENCES

    Procedures
    13. – l (1) A tribunal may, subject to this Act and the rules and

    procedures of the tribunal and the inquisitorial nature of a

    START OF PAGE 198

    tribunal, conduct its inquiry in the manner that it considers

    appropriate.

    (2) A tribunal shall conduct its inquiry as expeditiously as a

    proper consideration of the matter referred to the tribunal

    permits.

    (3) In making any decision as to the procedure or conduct of

    an inquiry, the tribunal must have regard to the need to avoid

    any unnecessary cost.

    Explanatory Note
    This is a new section. See paragraphs 2.16, 5.07 and 7.25.
    Divisions
    14. – (1) A tribunal consisting of more than one member may,

    whenever the chairperson so determines, act in divisions each

    of which consists of such members of the tribunal, whether

    one or more, as the chairperson may determine.

    (2) The chairperson of a tribunal may, in relation to each

    division—

    (a) designate one member of the division as its

    chairperson,

    (b) determine those functions of the tribunal that are

    to be performed by the division,

    (c) determine the matters in relation to which the

    division is to perform those functions, and

    (d) require the division to prepare a report of its

    findings.

    (3) A division of a tribunal shall provide any report prepared

    as required by subsection (2) to the chairperson of the tribunal,

    START OF PAGE 199

    and the report is considered for all purposes to have been

    made by the tribunal.

    (4) A division of a tribunal and the chairperson of a division

    have, for the purposes of performing the functions of the

    division, all the powers and duties of the tribunal and

    chairperson of the tribunal respectively, including their

    powers and duties relating to costs.

    (5) If the chairperson of a division of a tribunal is for any

    reason unable to continue to act as such, another member of

    the division may be designated under subsection (2)(a) as its

    chairperson, and the designation does not affect decisions,

    determinations or inquiries made or other actions taken before

    the designation.

    Explanatory Note
    This section is based on section 4B of the Tribunals of Inquiry
    (Evidence) Act 1921 as inserted by the Tribunals of Inquiry
    (Evidence)(Amendment) Act 2004.
    Preliminary investigations
    15. – A tribunal may conduct such private preliminary

    investigations as it considers appropriate.

    Explanatory Note
    This is a new section. See paragraph 5.64.
    Investigators
    16. – (1) A tribunal may, with the approval of the responsible

    Minister, and with the consent of the Minister for Finance,

    appoint such and so many persons to be investigators to

    perform the functions conferred on investigators by this

    section.

    START OF PAGE 200
    (2) The appointment of an investigator shall be for such term

    and subject to such other terms and conditions (including

    terms and conditions relating to remuneration and allowances

    for expenses) as a tribunal may, with the approval of the

    responsible Minister, and with the consent of the Minister for

    Finance, determine.

    (3) Whenever an investigator is so requested by a tribunal by

    which he or she was appointed, he or she shall, for the purpose

    of assisting it in the performance of its functions and subject

    to its direction and control, carry out a preliminary

    investigation of any matter material to the inquiry to which the

    tribunal relates.

    (4) An investigator may, for the purposes of a preliminary

    investigation under subsection (3), require a person to—

    (a) give to him or her such information in the

    possession, power or control of the person as he

    or she may reasonably request,

    (b) send to him or her any documents or things in the

    possession, power or control of the person that he

    or she may reasonably request, or

    (c) attend before him or her and answer such

    questions as he or she may reasonably put to the

    person and produce any documents or things in

    the possession, power or control of the person

    that he or she may reasonably request, and the

    person shall comply with the requirement.

    (5) An investigator may examine a person mentioned in
    subsection (4) in relation to any information, documents or

    things mentioned in that subsection and may reduce the

    answers of the person to writing and require the person to sign

    the document containing them.

    (6) Where a person mentioned in subsection (4) fails or

    refuses to comply with a requirement made to the person by

    START OF PAGE 201

    an investigator under that subsection, the High Court may, on

    application to it in a summary manner in that behalf made by

    the investigator with the consent of the tribunal concerned,

    order the person to comply with the requirement and make

    such other (if any) order as it considers necessary and just to

    enable the requirement to have full effect.

    (7) A person to whom a requirement under subsection (4) is

    made shall be entitled to the same immunities and privileges

    as if he or she were a witness before the High Court.

    (8) An investigator shall not, without the consent of the

    tribunal by which he or she was appointed, disclose other than

    to that tribunal any information, documents or things obtained

    by him or her in the performance of his or her functions under

    this section.

    (9) An investigator shall be furnished with a warrant of

    appointment and when performing a function under this

    section shall, if so requested by a person affected, produce the

    warrant or a copy of it to the person.

    Explanatory Note
    This section is based on section 6 of the Tribunals of Inquiry
    (Evidence)(Amendment) Act 2002. See paragraph 5.79.
    Publicity
    17. – (1) A tribunal shall not refuse to allow the public or any

    portion of the public to be present at any of the proceedings of

    the tribunal unless in the opinion of the tribunal it is in the

    public interest expedient so to do for reasons connected with

    the subject matter of the inquiry or the nature of the evidence

    to be given and, in particular, where there is a risk of prejudice

    to criminal proceedings.

    (2)The obligation in subsection (1) shall not apply to any

    preliminary investigation stage conducted under section 15.

    START OF PAGE 202
    (3) The obligation imposed by subsection (1) shall be fulfilled

    by the circulation to the public present at the proceedings of a

    copy, in writing, of a statement that is being adduced as

    evidence, where: —

    (a) a witness is called to give oral evidence and the

    written statement forms only part of his or her

    evidence; or

    (b) the written statement of a witness is not in

    dispute between those persons who have been

    authorised by the tribunal to be represented,

    under section 18, at the part of the proceedings at

    which it is being adduced and the tribunal does

    not propose to call the witness to give oral

    evidence; or

    (c) an investigator, appointed by the tribunal under
    section 16(1), has examined a witness on tribunal

    and obtained a written statement of such

    examination.

    (4) Subject to subsection (1), a tribunal may, in its discretion,

    permit the filming, recording, or broadcasting of such of the

    proceedings of the tribunal (subject to an appropriate written

    protocol), as the tribunal considers appropriate, having regard

    to the following considerations:

    (a) the interests of the general public, particularly the

    right to have the best available information on

    matters of urgent public importance;

    (b) the proper conduct and functioning of the tribunal

    proceedings;

    (c) the legitimate interests of the participants;
    (d) the risk of prejudice to criminal proceedings;
    (e) any other relevant considerations.
    START OF PAGE 203
    Explanatory Note
    This section is a new section incorporating elements of section 2(a) of
    the Tribunals of Inquiry (Evidence) Act 1921. See paragraphs 5.89
    and 5.105.
    Representation
    18. – A tribunal shall have the power to authorise the representation

    before it of any person appearing to it to be interested to a

    relevant extent in any of the matters referred to in its terms of

    reference by counsel or solicitor or otherwise, or to refuse to

    allow such representation.

    Explanatory Note
    This section is based on section 2(b) of the Tribunals of Inquiry
    (Evidence) Act 1921. See paragraph 5.37.
    Powers
    19. – (1) A tribunal may make such orders as are reasonable and

    necessary for the purposes of its functions.

    (2) Without prejudice to subsection (1), it may make orders: —
    (a) enforcing the attendance of witnesses and

    examining them on oath, affirmation, or

    otherwise;

    (b) compelling the production of documents; and
    (c) issuing a commission or request to examine

    witnesses

    START OF PAGE 204

    and a summons signed by the tribunal may be substituted for

    and shall be equivalent to any formal process capable of being

    issued in any action for enforcing the attendance of witnesses

    and compelling the production of documents.

    (3) A tribunal may issue a commission or request to examine

    witnesses whether abroad or within the jurisdiction.

    Explanatory Note
    This section is based on section 1(1) of the Tribunals of Inquiry
    (Evidence) Act 1921 and section 4 of the Tribunals of Inquiry
    (Evidence)(Amendment) Act 1979. See paragraph 6.27.
    Enforcement by the High Court
    20. – Where a person fails or refuses to comply with or disobeys an

    order of a tribunal, the High Court may, on application to it in

    a summary manner in that behalf by the tribunal, order the

    person to comply with the order and make such other orders as

    it considers necessary and just to enable the order to have full

    effect.

    Explanatory Note
    This section is based on section 4 of the Tribunals of Inquiry
    (Evidence)(Amendment) Act 1997. See paragraph 6.61.
    Privileges
    21. – A person who gives evidence to a tribunal or who produces

    or sends documents to a tribunal as directed by the tribunal—

    (a) has the same immunities and privileges in

    respect of that evidence or those documents, and

    (b) is, in addition to the penalties provided by this

    Act, subject to the same liabilities,

    as a witness in proceedings in the High Court.

    START OF PAGE 205
    Explanatory Note
    This section is based on section 1(4) of the Tribunals of Inquiry
    (Evidence) Act 1921 as inserted by section 2 of the Tribunals of
    Inquiry (Evidence)(Amendment) Act 1997. See paragraph 6.65.
    Judicial review
    22. – (1) Without prejudice to any provision of the Constitution, a

    person shall not question in a court or otherwise a decision or

    determination of a tribunal otherwise than by way of an

    application to the High Court for judicial review under Order

    84 of the Rules of the Superior Courts 1986 (S.I. No. 15 of
    1986) ('the Order').
    (2) Subject to subsection (3), an application to the High Court

    for leave to apply for judicial review under the Order in

    respect of such a decision or determination as aforesaid—

    (a) shall be made not later than 28 days from the date

    of the decision or determination, and

    (b) shall be made by motion on notice (grounded in

    the manner specified in the Order in respect of a

    motion ex parte applying for such leave) to the

    tribunal that made the decision or determination,

    and such leave shall not be granted unless the High Court is

    satisfied that there are substantial grounds for contending that

    the decision or determination is invalid or ought to be

    quashed.

    (3) The High Court may extend the period specified in
    subsection (2) if it considers that there is good and sufficient

    reason for doing so.

    (4) (a) The decision of the High Court on an application

    for leave to apply for judicial review, or on an

    application for judicial review, of such a decision

    or determination as aforesaid shall be final and

    no appeal shall lie from the decision to the

    START OF PAGE 206

    Supreme Court in either case except with the

    leave of the High Court, which leave shall be

    granted only where the Court certifies that its

    decision involves a point of law of exceptional

    public importance and that it is desirable in the

    public interest that an appeal should be taken to

    the Supreme Court.

    (b) Paragraph (a) shall not apply to a decision of the

    High Court in so far as it involves a question as

    to the validity of any law having regard to the

    provisions of the Constitution.

    (5) References in this section to the Order shall be read as

    including references to the Order as amended or replaced

    (with or without modification) by rules of court.
    Explanatory Note
    This is a new section. See paragraphs 8.03.
    Directions of the High Court
    23. – (1) A tribunal may, whenever it considers it appropriate to do

    so, apply to the High Court for directions relating to the

    performance of the functions of the tribunal or for its

    approval of an act or omission proposed to be done or made

    by the tribunal for the purposes of such performance.

    (2) On an application under subsection (1), the High Court

    may give such directions and make such orders as it

    considers appropriate.

    (3) The High Court may, on application, hear an application

    under subsection (1) otherwise than in public if satisfied that

    it is appropriate to do so because of—

    (a) the subject matter in relation to which directions

    are sought,

    START OF PAGE 207
    (b) a risk of prejudice to criminal proceedings, or
    (c) any other matter relating to the nature of the

    evidence to be given at the hearing of the

    application.

    (4) The High Court shall give such priority as it reasonably

    can, having regard to all the circumstances, to the disposal of

    proceedings in the Court under this section.

    (5) The Superior Court Rules Committee may, with the

    concurrence of the Minister for Justice, Equality and Law

    Reform, make rules to facilitate giving effect to subsection

    (4).
    Explanatory Note
    This section is based on section 4(B) of the Tribunals of Inquiry
    (Evidence)(Amendment) Act 1997 as inserted by section 3(1) of the
    Tribunals of Inquiry (Evidence)(Amendment) Act 2004. See
    paragraph 8.09.
    Offences
    24. – (1) If a person—
    (a) on being duly summoned as a witness before a

    tribunal, without just cause or excuse disobeys

    the summons, or

    (b) being in attendance as a witness refuses to take

    an oath or to make an affirmation when legally

    required by the tribunal to do so, or to produce

    any documents, including things in his or her

    power or control legally required by the tribunal

    to be produced by him or her, or to answer any

    question to which the tribunal may legally

    require an answer, or

    START OF PAGE 208
    (c) willfully gives evidence to a tribunal which is

    material to the inquiry to which the tribunal

    relates and which he or she knows to be false or

    does not believe to be true, or

    (d) by act or omission, obstructs or hinders the

    tribunal in the performance of its functions, or

    (e) fails, neglects or refuses to comply with the

    provisions of an order made by the tribunal, or

    (f) without reasonable cause, by act or omission

    obstructs or hinders an investigator in the

    performance of his or her functions, or fails to

    comply with a requirement made by that person

    under section 16,

    the person shall be guilty of an offence.

    (2) A person guilty of an offence under this section shall be

    liable—

    (a) on summary conviction, to a fine not exceeding

    €3,000 or, at the discretion of the court, to

    imprisonment for a term not exceeding 12

    months or both, and

    (b) on conviction on indictment, to a fine not

    exceeding €300,000 or, at the discretion of the

    court, to imprisonment for a term not exceeding

    2 years or both.
    (3) A Judge of the District Court shall have jurisdiction to try

    summarily an offence under this section if—

    (a) the judge is of the opinion that the facts proved

    or alleged against a defendant charged with such

    an offence constitute a minor offence fit to be

    tried summarily,

    START OF PAGE 209
    (b) the Director of Public Prosecutions consents,

    and

    (c) the defendant (on being informed by the judge of

    his right to be tried by a jury) does not object to

    being tried summarily.

    (4) Section 13 of the Criminal Procedure Act 1967 shall

    apply in relation to an offence under this section as if, in lieu

    of the penalties specified in subsection (3) of that section,

    there were specified therein the penalties provided for by

    subsection 2(a) of this section, and the reference in

    subsection 2(b) of that section to the penalties provided for in

    subsection (3) of that section shall be read accordingly.
    (5) Where a body corporate commits an offence under this

    Act, each person who was an officer of the body corporate

    when the offence was committed is guilty of an offence

    against this section if it is proved that he or she—

    (a) willingly participated in, connived at or

    consented to the commission of the offence by

    the body corporate, or

    (b) knowing that the body corporate was

    committing or about to commit that offence,

    failed to take all reasonably practicable steps

    to prevent its commission.

    (6) A person may be proceeded against for an offence under

    this section whether or not the body corporate has been

    proceeded against or been convicted of the offence

    committed by that body.

    (7) A person guilty of an offence under this section is liable

    to a fine not exceeding the fine for which the body corporate

    is liable for the offence.

    (8) In this section ''officer'', in relation to a body corporate,

    means a director, manager, executive officer, secretary or

    START OF PAGE 210

    other person concerned in the management of the body

    corporate.

    (9) A prosecution for an offence under this section may be

    brought only by or with the consent of the Director of Public

    Prosecutions.

    (10) Notwithstanding section 10(4) of the Petty Sessions
    (Ireland) Act 1851 proceedings for an offence under this Act

    may be instituted at any time within 2 years after the date

    alleged to be the date on which the offence was committed.

    Explanatory Note
    This section is based on section 2A of the Tribunals of Inquiry
    (Evidence) Act 1921 as inserted by section 3 of the Tribunals of
    Inquiry (Evidence)(Amendment) Act 1979 and as amended by the
    Tribunals of Inquiry (Evidence)(Amendment) Act 2002. See
    paragraph 6.49.
    Suspension
    25. – (1) The tribunal, or the Government, may at any time, by notice

    to the tribunal where it is the Government, suspend an inquiry for

    such period as appears to be necessary to allow for—

    (a) the completion of any other inquiry relating to

    any of the matters to which the inquiry relates,

    or

    (b) the determination of any civil or criminal

    proceedings arising out of any of those matters.

    (2) The power conferred by subsection (1) may be exercised

    whether or not the inquiry or proceedings have begun.

    (3) An order may be made under this section only if—
    (a) a draft of the proposed order and a statement of

    the reasons for suspending the tribunal have been

    laid before the Houses of the Oireachtas, and

    START OF PAGE 211
    (b) a resolution approving the draft has been passed

    by each House of the Oireachtas.

    Explanatory Note
    This section is a new section. See paragraph 9.05.
    Termination and dissolution
    26. – A tribunal comes to an end—
    (a) on the date, after the delivery of the report of the

    inquiry, on which the tribunal notifies the

    responsible Minister that the inquiry has

    fulfilled its terms of reference, or

    (b) where at any time it has been resolved, for stated

    reasons, by both Houses of the Oireachtas that it

    is necessary to terminate the work of the

    tribunal, the responsible Minister or the

    Government by order dissolves the tribunal.

    Explanatory Note
    This section is a new section. See paragraph 9.16.
    Non-admissibility in criminal proceedings of evidence given to
    tribunals
    27. – (1) A statement or admission made by a person before a

    tribunal or when being examined in pursuance of a

    commission or request issued this Act, or when being

    examined by an investigator under this Act, shall not be

    admissible as evidence against that person in any criminal

    proceedings (other than proceedings in relation to an offence

    under section 24).

    (2) Information, documents or other material provided by a

    person to or before a tribunal (or an investigator, as the case

    may be) whether pursuant to an order or request, which are

    START OF PAGE 212

    used in evidence, by the tribunal shall not be admissible as

    evidence against that person in any criminal proceedings

    (other than proceedings in relation to an offence under section
    24 and perjury in respect of such information, evidence,

    documentation or other material)

    (3) For the purposes of subsection (2) ''information, evidence,

    document or other material'' includes data, all forms of

    writing and other text, images (including maps and

    cartographic material), sound, codes, computer programs,

    software, databases and speech.

    Explanatory Note
    This section is a new section incorporating elements of Section 5 of
    the Tribunals of Inquiry (Evidence) (Amendment) Act 1979. See
    paragraph 10.38.

    PART 4

    REPORTS

    Preparation of the report
    28. – (1) On the conclusion of its inquiry, a tribunal shall prepare a

    written report, based on the evidence received by it, setting

    out the facts it established in relation to the matters referred to

    it for inquiry and such other matters, including

    recommendations, as it considers appropriate.

    (2) If for any reason (including insufficient, conflicting or

    inconsistent evidence) a tribunal considers that the facts

    relating to a particular issue have not been established, the

    tribunal in its report—

    (a) shall identify the issue, and
    (b) may indicate its opinion as to the quality and

    weight of any evidence relating to the issue.

    START OF PAGE 213
    (3) A tribunal may omit from its report any information that

    identifies or that could reasonably be expected to lead to the

    identification of a person who gave evidence to the tribunal

    or any other person, if in its opinion—

    (a) the context in which the person was identified

    has not been clearly established,

    (b) disclosure of the information might prejudice any

    criminal proceedings that are pending or in

    progress,

    (c) disclosure of the information would not be in the

    interests of the inquiry, or

    (d) it would not be in the person's interests to have

    his or her identity made public and the omission

    of the information would not be contrary to the

    interests of the inquiry.

    (4) The tribunal shall endeavour to submit the report to the

    responsible Minister within the time frame specified in

    section 8 or 9.
    Explanatory Note
    This section is a new section. See paragraph 10.16.
    Interim reports
    29. – (1) If requested by the responsible Minister, a tribunal shall

    make interim reports to him or her at the intervals stated in the

    request.

    (2) The responsible Minister may request an interim report on

    the general progress of the inquiry of a tribunal or on a

    particular aspect of the inquiry.

    (3) If a tribunal requests that the time frame for submitting its

    final report be revised under section 9, the tribunal shall

    START OF PAGE 214

    submit an interim report to the responsible Minister with the

    request.

    Explanatory Note
    This section is a new section. See paragraph 10.16.
    Publication of the report
    30. – (1) The responsible Minister—
    (a) shall cause the final report of a tribunal to be

    published as soon as possible after it is

    submitted to him or her, and

    (b) may, at his or her discretion and following

    consultation with the tribunal, cause an interim

    report to be published, unless publication would

    hinder or impair the inquiry.

    (2) If the responsible Minister considers that the publication of

    the final report or an interim report of the tribunal might

    prejudice any criminal proceedings that are pending or in

    progress, he or she shall apply to the High Court for directions

    concerning the publication of the report.

    (3) Before determining an application under subsection (2) in

    respect of a report of a tribunal, the High Court shall direct

    that notice be given to the following—

    (a) the Attorney General;
    (b) the Director of Public Prosecutions;
    (c) a person who is a defendant in criminal

    proceedings relating to an act or omission that is

    mentioned in the report or that is related to any

    matter investigated by the tribunal and

    mentioned in the report.

    START OF PAGE 215
    (4) On an application under subsection (2), the High Court

    may—

    (a) receive submissions, and evidence tendered, by

    or on behalf of any person mentioned in

    subsection (3), and
    (b) hear the application in private if the High Court

    considers it appropriate to do so.

    (5) If, after hearing the application, the High Court considers

    that the publication of the report might prejudice any criminal

    proceedings, it may direct that the report or a specified part of

    it be not published—

    (a) for a specified period, or
    (b) until the High Court otherwise directs.
    (6) An application under subsection (1) may be heard

    otherwise than in public if the Court considers that it is

    appropriate to do so.

    Explanatory Note
    This section is based on section 3 of the Tribunals of Inquiry
    (Evidence) Act 2002. See paragraph 10.16.
    Admissibility of reports in civil proceedings
    31. – A report shall be admissible in any civil proceedings as

    evidence—

    (a) of the facts set out therein without further proof

    unless the contrary is shown, and

    (b) of the opinion of the tribunal in relation to any

    matter contained in the report.

    START OF PAGE 216
    Explanatory Note
    This section is a new section. See paragraph 10.53.

    PART 5

    COSTS AND REPEALS

    Costs
    32. – (1) Where a tribunal is of opinion that, having regard to—
    (a) the findings of the tribunal in relation to its

    subject matter as indicated in the terms of the

    resolution passed by each House of the

    Oireachtas relating to the establishment of the

    tribunal,

    (b) and all other relevant matters, (including failing

    to co-operate with or provide assistance to, or

    knowingly giving false or misleading

    information to the tribunal and the means of a

    party),

    there are sufficient reasons rendering it equitable to do so, the

    tribunal may by order direct that the whole or part of the

    costs of any person appearing before the tribunal by counsel

    or solicitor, as taxed by a Taxing Master of the High Court,

    shall be paid to the person by any other person named in the

    order.

    (2) Where any costs referred to in subsection (1) have been

    incurred before the appointment of any member of a tribunal

    or, in the case of a tribunal consisting of one member the

    appointment of that one member, the tribunal—

    (a) may make an order under subsection (1) in

    relation to any costs referred to in that subsection

    that were incurred before such appointment and

    START OF PAGE 217

    that have not already been determined in

    accordance with that subsection, and

    (b) shall, for that purpose, have regard to any report

    of the tribunal relating to its proceedings in the

    period before such appointment.

    (3) Any sum payable by the Minister for Finance pursuant to

    an order under this section shall be paid out of moneys

    provided by the Oireachtas.

    Explanatory Note
    This section is based on section 6(1) of the Tribunals of Inquiry
    (Evidence) Acts 1979. See paragraph 7.19.
    Expenses
    33. – (1) If the Minister for Finance is the responsible Minister in

    relation to a tribunal, any expenses incurred by him or her in

    the administration of this Act shall be paid out of money

    provided by the Oireachtas.

    (2) If any other Minister is the responsible Minister in

    relation to a tribunal, any expenses incurred by him or her in

    the administration of this Act shall, to such extent as may be

    sanctioned by the Minister for Finance, be paid out of money

    provided by the Oireachtas.

    Amendment of Commissions of Investigation Act 2004
    34. – The Commissions of Investigation Act 2004 is amended as

    follows:

    (a) in section 2, the definition of "tribunal" shall be

    replaced by the following: '"tribunal" means a

    tribunal of inquiry appointed under the

    Tribunals of Inquiry Act 2005.'
    START OF PAGE 218
    (b) by the deletion of section 23(3) and the

    renumbering of section 23(4) as section 23(3).

    Explanatory Note
    See paragraph 1.29.
    Repeals and consequential provisions
    35. – (1) The Tribunals of Inquiry (Evidence) Acts 1921 to 2004

    are repealed.

    (2) Notwithstanding the repeal by this Act of the Tribunals of
    Inquiry (Evidence) Acts 1921 to 2004, where any tribunal of

    inquiry stands established under those Acts prior to the

    coming into force of this Act, the provisions of those Acts

    shall continue to apply to those tribunals as if those Acts had

    not been repealed.

    START OF PAGE 219
    13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23.
    APPENDIX B LIST OF LAW REFORM COMMISSION
    PUBLICATIONS

    First Programme for Examination of

    Certain Branches of the Law with a

    View to their Reform (December

    1976) (Prl 5984)

    €0.13

    Working Paper No 1-1977, The Law

    Relating to the Liability of Builders,

    Vendors and Lessors for the Quality

    and Fitness of Premises (June 1977)

    €1.40

    Working Paper No 2-1977, The Law

    Relating to the Age of Majority, the

    Age for Marriage and Some

    Connected Subjects (November 1977)

    €1.27

    Working Paper No 3-1977, Civil

    Liability for Animals

    (November 1977)

    €3.17

    First (Annual) Report (1977)

    (Prl 6961)

    €0.51

    Working Paper No 4-1978, The Law

    Relating to Breach of Promise of

    Marriage (November 1978)

    €1.27

    START OF PAGE 220

    Working Paper No 5-1978, The Law

    Relating to Criminal Conversation

    and the Enticement and Harbouring of

    a Spouse (December 1978)

    €1.27

    Working Paper No 6-1979, The Law

    Relating to Seduction and the

    Enticement and Harbouring of a Child

    (February 1979)

    €1.90

    Working Paper No 7-1979, The Law

    Relating to Loss of Consortium and

    Loss of Services of a Child

    (March 1979)

    €1.27

    Working Paper No 8-1979, Judicial

    Review of Administrative Action: the

    Problem of Remedies

    (December 1979)

    €1.90

    Second (Annual) Report (1978/79)

    (Prl 8855)

    €0.95

    Working Paper No 9-1980, The Rule

    Against Hearsay (April 1980)

    €2.54

    Third (Annual) Report (1980)

    (Prl 9733)

    €0.95

    First Report on Family Law –

    Criminal Conversation, Enticement

    and Harbouring of a Spouse or Child,

    Loss of Consortium, Personal Injury

    to a Child, Seduction of a Child,

    Matrimonial Property and Breach of

    Promise of Marriage (LRC 1-1981)

    (March 1981)

    €2.54

    START OF PAGE 221

    Working Paper No 10-1981,

    Domicile and Habitual Residence as

    Connecting Factors in the Conflict of

    Laws (September 1981)

    €2.22

    Fourth (Annual) Report (1981)

    (Pl 742)

    €0.95

    Report on Civil Liability for Animals

    (LRC 2-1982) (May 1982)

    €1.27

    Report on Defective Premises (LRC

    3-1982) (May 1982)

    €1.27

    Report on Illegitimacy (LRC 4-1982)

    (September 1982)

    €4.44

    Fifth (Annual) Report (1982)

    (Pl 1795)

    €0.95

    Report on the Age of Majority, the

    Age for Marriage and Some

    Connected Subjects (LRC 5-1983)

    (April 1983)

    €1.90

    Report on Restitution of Conjugal

    Rights, Jactitation of Marriage and

    Related Matters (LRC 6-1983)

    (November 1983)

    €1.27

    Report on Domicile and Habitual

    Residence as Connecting Factors in

    the Conflict of Laws (LRC 7-1983)

    (December 1983)

    €1.90

    Report on Divorce a Mensa et Thoro

    and Related Matters (LRC 8-1983)

    (December 1983)

    €3.81

    START OF PAGE 222

    Sixth (Annual) Report (1983)

    (Pl 2622)

    €1.27

    Report on Nullity of Marriage (LRC

    9-1984) (October 1984)

    €4.44

    Working Paper No 11-1984,

    Recognition of Foreign Divorces and

    Legal Separations (October 1984)

    €2.54

    Seventh (Annual) Report (1984)

    (Pl 3313)

    €1.27

    Report on Recognition of Foreign

    Divorces and Legal Separations

    (LRC 10-1985) (April 1985)

    €1.27

    Report on Vagrancy and Related

    Offences (LRC 11-1985) (June 1985)

    €3.81

    Report on the Hague Convention on

    the Civil Aspects of International

    Child Abduction and Some Related

    Matters (LRC 12-1985) (June 1985)

    €2.54

    Report on Competence and

    Compellability of Spouses as

    Witnesses (LRC 13-1985) (July 1985)

    €3.17

    Report on Offences Under the Dublin

    Police Acts and Related Offences

    (LRC 14-1985) (July 1985)

    €3.17

    Report on Minors' Contracts

    (LRC 15-1985) (August 1985)

    €4.44

    Report on the Hague Convention on

    the Taking of Evidence Abroad in

    Civil or Commercial Matters

    (LRC 16-1985) (August 1985)

    €2.54

    START OF PAGE 223

    Report on the Liability in Tort of

    Minors and the Liability of Parents for

    Damage Caused by Minors

    (LRC 17-1985) (September 1985)

    €3.81

    Report on the Liability in Tort of

    Mentally Disabled Persons

    (LRC 18-1985) (September 1985)

    €2.54

    Report on Private International Law

    Aspects of Capacity to Marry and

    Choice of Law in Proceedings for

    Nullity of Marriage (LRC 19-1985)

    (October 1985)

    €4.44

    Report on Jurisdiction in Proceedings

    for Nullity of Marriage, Recognition

    of Foreign Nullity Decrees, and the

    Hague Convention on the Celebration

    and Recognition of the Validity of

    Marriages (LRC 20-1985)

    (October 1985)

    €2.54

    Eighth (Annual) Report (1985)

    (Pl 4281)

    €1.27

    Report on the Statute of Limitations:

    Claims in Respect of Latent Personal

    Injuries (LRC 21-1987)

    (September 1987)

    €5.71

    Consultation Paper on Rape

    (December 1987)

    €7.62

    Report on the Service of Documents

    Abroad re Civil Proceedings -the

    Hague Convention (LRC 22-1987)

    (December 1987)

    €2.54

    START OF PAGE 224

    Report on Receiving Stolen Property

    (LRC 23-1987) (December 1987)

    €8.89

    Ninth (Annual) Report (1986-1987)

    (Pl 5625)

    €1.90

    Report on Rape and Allied Offences

    (LRC 24-1988) (May 1988)

    €3.81

    Report on the Rule Against Hearsay

    in Civil Cases (LRC 25-1988)

    (September 1988)

    €3.81

    Report on Malicious Damage (LRC

    26-1988) (September 1988)

    €5.08

    Report on Debt Collection: (1) The

    Law Relating to Sheriffs (LRC 27-

    1988) (October 1988)

    €6.35

    Tenth (Annual) Report (1988)

    (Pl 6542)

    €1.90

    Report on Debt Collection: (2)

    Retention of Title (LRC 28-1988)

    (April 1989)

    €5.08

    Report on the Recognition of Foreign

    Adoption Decrees (LRC 29-1989)

    (June 1989)

    €6.35

    Report on Land Law and

    Conveyancing Law: (1) General

    Proposals (LRC 30-1989) (June 1989)

    €6.35

    Consultation Paper on Child Sexual

    Abuse (August 1989)

    €12.70

    START OF PAGE 225

    Report on Land Law and

    Conveyancing Law: (2) Enduring

    Powers of Attorney (LRC 31-1989)

    (October 1989)

    €5.08

    Eleventh (Annual) Report (1989)

    (Pl 7448)

    €1.90

    Report on Child Sexual Abuse

    (LRC 32-1990) (September 1990)

    €8.89

    Report on Sexual Offences against the

    Mentally Handicapped

    (LRC 33-1990) (September 1990)

    €5.08

    Report on Oaths and Affirmations

    (LRC 34-1990) (December 1990)

    €6.35

    Report on Confiscation of the

    Proceeds of Crime (LRC 35-1991)

    (January 1991)

    €7.62

    Consultation Paper on the Civil Law

    of Defamation (March 1991)

    €25.39

    Report on the Hague Convention on

    Succession to the Estates of Deceased

    Persons (LRC 36-1991) (May 1991)

    €8.89

    Twelfth (Annual) Report (1990)

    (Pl 8292)

    €1.90

    Consultation Paper on Contempt of

    Court (July 1991)

    €25.39

    Consultation Paper on the Crime of

    Libel (August 1991)

    €13.97

    Report on the Indexation of Fines

    (LRC 37-1991) (October 1991)

    €8.25

    START OF PAGE 226

    Report on the Civil Law of

    Defamation (LRC 38-1991)

    (December 1991)

    €8.89

    Report on Land Law and

    Conveyancing Law: (3) The Passing

    of Risk from Vendor to Purchaser

    (LRC 39-1991) (December 1991); (4)

    Service of Completion Notices (LRC

    40-1991) (December 1991)

    €7.62

    Thirteenth (Annual) Report (1991) (PI

    9214)

    €2.54

    Report on the Crime of Libel (LRC

    41-1991) (December 1991)

    €5.08

    Report on United Nations (Vienna)

    Convention on Contracts for the

    International Sale of Goods 1980

    (LRC 42-1992) (May 1992)

    €10.16

    Report on the Law Relating to

    Dishonesty (LRC 43-1992)

    (September 1992)

    €25.39

    Land Law and Conveyancing Law:

    (5) Further General Proposals (LRC
    44-1992) (October 1992)

    €7.62

    Consultation Paper on Sentencing

    (March 1993)

    €25.39

    Consultation Paper on Occupiers'

    Liability (June 1993)

    €12.70

    Fourteenth (Annual) Report (1992)

    (PN 0051)

    €2.54

    START OF PAGE 227

    Report on Non-Fatal Offences

    Against The Person (LRC 45-1994)

    (February 1994)

    €25.39

    Consultation Paper on Family Courts

    (March 1994)

    €12.70

    Report on Occupiers' Liability

    (LRC 46-1994) (April 1994)

    €7.62

    Report on Contempt of Court

    (LRC 47-1994) (September 1994)

    €12.70

    Fifteenth (Annual) Report (1993)

    (PN 1122)

    €2.54

    Report on the Hague Convention

    Abolishing the Requirement of

    Legalisation for Foreign Public

    Documents (LRC 48-1995)

    (February 1995)

    €12.70

    Consultation Paper on Intoxication as

    a Defence to a Criminal Offence

    (February 1995)

    €12.70

    Report on Interests of Vendor and

    Purchaser in Land during the period

    between Contract and Completion

    (LRC 49-1995) (April 1995)

    €10.16

    An Examination of the Law of Bail

    (LRC 50-1995) (August 1995)

    €12.70

    Sixteenth (Annual) Report (1994)

    (PN 1919)

    €2.54

    Report on Intoxication

    (LRC 51-1995) (November 1995)

    €2.54

    START OF PAGE 228

    Report on Family Courts

    (LRC 52-1996) (March 1996)

    €12.70

    Seventeenth (Annual) Report (1995)

    (PN 2960)

    €3.17

    Report on Sentencing (LRC 53-1996)

    (August 1996)

    €10.16

    Consultation Paper on Privacy:

    Surveillance and the Interception of

    Communications (September 1996)

    €25.39

    Report on Personal Injuries: Periodic

    Payments and Structured Settlements

    (LRC 54-1996) (December 1996)

    €12.70

    Eighteenth (Annual) Report (1996)

    (PN 3760)

    €7.62

    Consultation Paper on the

    Implementation of The Hague

    Convention on Protection of Children

    and Co-operation in Respect of

    Intercountry Adoption, 1993

    (September 1997)

    €12.70

    Report on The Unidroit Convention

    on Stolen or Illegally Exported

    Cultural Objects (LRC 55-1997)

    (October 1997)

    €19.05

    Report on Land Law and

    Conveyancing Law; (6) Further

    General Proposals including the

    execution of deeds (LRC 56-1998)

    (May 1998)

    €10.16

    START OF PAGE 229

    Consultation Paper on Aggravated,

    Exemplary and Restitutionary

    Damages (May 1998)

    €19.05

    Nineteenth (Annual) Report (1997)

    (PN 6218)

    €3.81

    Report on Privacy: Surveillance and

    the Interception of Communications

    (LRC 57-1998) (June 1998)

    €25.39

    Report on the Implementation of the

    Hague Convention on Protection of

    Children and Co-operation in Respect

    of Intercountry Adoption, 1993

    (LRC 58-1998) (June 1998)

    €12.70

    Consultation Paper on the Statutes of

    Limitation: Claims in Contract and

    Tort in Respect of Latent Damage

    (Other Than Personal Injury)
    (November 1998)

    €6.35

    Twentieth (Annual) Report (1998)

    (PN 7471)

    €3.81

    Consultation Paper on Statutory

    Drafting and Interpretation: Plain

    Language and the Law
    (LRC CP14-1999) (July 1999)

    €7.62

    Consultation Paper on Section 2 of

    the Civil Liability (Amendment) Act,

    1964: The Deductibility of Collateral
    Benefits from Awards of Damages
    (LRC CP15-1999) (August 1999)

    €9.52

    Report on Gazumping (LRC 59-1999)

    (October 1999)

    €6.35

    START OF PAGE 230

    Twenty First (Annual) Report (1999)

    (PN 8643)

    €3.81

    Report on Aggravated, Exemplary

    and Restitutionary Damages

    (LRC 60-2000) (August 2000)

    €7.62

    Second Programme for examination

    of certain branches of the law with a

    view to their reform: 2000-2007

    (PN 9459) (December 2000)

    €6.35

    Consultation Paper on the Law of

    Limitation of Actions arising from

    Non-Sexual Abuse Of Children

    (LRC CP16-2000) (September 2000)

    €7.62

    Report on Statutory Drafting and

    Interpretation: Plain Language and

    the Law (LRC 61-2000)
    (December 2000)

    €7.62

    Report on the Rule against

    Perpetuities and Cognate Rules

    (LRC 62-2000) (December 2000)

    €10.16

    Report on the Variation of Trusts

    (LRC 63-2000) (December 2000)

    €7.62

    Report on The Statutes of Limitations:

    Claims in Contract and Tort in

    Respect of Latent Damage (Other

    than Personal Injury) (LRC 64-2001)

    (March 2001)

    €7.62

    Consultation Paper on Homicide: The

    Mental Element in Murder

    (LRC CP17-2001) (March 2001)

    €6.35

    START OF PAGE 231

    Seminar on Consultation Paper:

    Homicide: The Mental Element in

    Murder (LRC SP 1-2001)

    -

    Twenty Second (Annual) Report

    (2000) (PN 10629)

    €3.81

    Consultation Paper on Penalties for

    Minor Offences (LRC CP18-2002)

    (March 2002)

    €5.00

    Consultation Paper on Prosecution

    Appeals in Cases brought on

    Indictment (LRC CP19-2002)

    (May 2002)

    €6.00

    Report on the Indexation of Fines: A

    Review of Developments
    (LRC 65-2002) (July 2002)

    €5.00

    Twenty Third (Annual) Report (2001)

    (PN 11964)

    €5.00

    Report on the Acquisition of

    Easements and Profits ΰ Prendre by

    Prescription (LRC 66-2002)

    (December 2002)

    €5.00

    Report on Title by Adverse

    Possession of Land (LRC 67-2002)

    (December 2002)

    €5.00

    Report on Section 2 of the Civil

    Liability (Amendment) Act 1964: The

    Deductibility of Collateral Benefits
    from Awards of Damages
    (LRC 68-2002) (December 2002)

    €6.00

    START OF PAGE 232

    Consultation Paper on Judicial

    Review Procedure (LRC CP20-2003)

    (January 2003)

    €6.00

    Report on Penalties for Minor

    Offences (LRC 69-2003)

    (February 2003)

    €6.00

    Consultation Paper on Business

    Tenancies (LRC CP 21-2003)

    (March 2003)

    €5.00

    Report on Land Law and

    Conveyancing Law: (7) Positive

    Covenants over Freehold Land and

    other Proposals (LRC 70-2003)

    (March 2003)

    €5.00

    Consultation Paper on Public

    Inquiries Including Tribunals of

    Inquiry (LRC CP 22 – 2003)

    (March 2003)

    €5.00

    Consultation Paper on The Law and

    the Elderly (LRC CP 23 – 2003)

    (June 2003)

    €5.00

    Consultation Paper on A Fiscal

    Prosecutor and A Revenue Court

    (LRC CP 24 – 2003) (July 2003)

    €6.00

    Consultation Paper on Multi-Party

    Litigation (Class Actions)

    (LRC CP 25 – 2003) (July 2003)

    €6.00

    Consultation Paper on Corporate

    Killing (LRC CP 26 – 2003)

    (October 2003)

    €6.00

    START OF PAGE 233

    Consultation Paper on Homicide: The Plea of

    Provocation (LRC CP 27 – 2003) (October

    2003)

    €6.00

    Seminar on Consultation Paper: Law and the

    Elderly (LRC SP 2-2003)(November 2003)

    Twenty Fourth (Annual) Report (2002)

    €5.00

    Consultation Paper on General Law

    of Landlord and Tenant

    (LRC CP 28 – 2003)
    (December 2003)

    €10.00

    Report on Judicial Review Procedure

    (LRC 71-2004) (February 2004)

    €10.00

    Consultation Paper on the Establishment

    of a DNA Database (LRC CP 29-2004)

    (March 2004)

    €10.00

    Consultation Paper on Judgment Mortgages

    (LRC CP 30-2004) (March 2004)

    €6.00

    Consultation Paper on the Court Poor Box

    (LRC CP 31-2004) (March 2004)

    €10.00

    Consultation Paper on the Rights

    and Duties of Cohabitees

    (LRC CP 32 – 2004) (April 2004)

    €10.00

    Consultation Paper on Prosecution

    Appeals from Unduly Lenient

    Sentences in the District Court

    (LRC CP 33-2004) (October 2004)

    €10.00

    Twenty Fifth (Annual) Report (2003)

    (PN 3427)

    €5.00

    START OF PAGE 234

    Report on a Fiscal Prosecutor and

    A Revenue Court (LRC 72-2004)

    (December 2004)

    €10.00

    Consultation Paper on Trust Law –

    General Proposals (LRC CP 35-2005)

    (February 2005)

    €10.00

    Consultation Paper on Charitable Trust

    Law – General Proposals

    (LRC CP 36-2005) (February 2005)

    €10.00

    Consultation Paper on Vulnerable Adults

    and the Law: Capacity (LRC CP 37-2005)

    (May 2005)

    €10.00

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