No. 32/1994:

SELECT COMMITTEE ON LEGISLATION AND SECURITY OF DÁIL ÉIREANN (PRIVILEGE AND IMMUNITY) ACT, 1994

ARRANGEMENT OF SECTIONS

1 Definitions.

2 Privileges and immunities of witnesses, etc. before the committee.

3 Protection of rights, etc. of witnesses and other persons.

4 Subcommittee.

5 Short title, commencement and cesser.

SCHEDULE

AN ACT TO MAKE PROVISION REGARDING PRIVILEGE AND IMMUNITY OF WITNESSES BEFORE THE SELECT COMMITTEE ON LEGISLATION AND SECURITY OF DÁIL ÉIREANN IN THE PERFORMANCE OF CERTAIN OF ITS FUNCTIONS AND TO PROVIDE FOR RELATED MATTERS.

[14th December, 1994]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

1.—In this Act—

"the committee" means the Select Committee on Legislation and Security of Dáil Éireann while engaged in the performance of the functions specified in relation to it in an order of Dáil Éireann made on the 6th day of December, 1994, the text of which order is set out in the Schedule to this Act, or any other functions relating to those functions specified in relation to it in an order of Dáil Éireann,

"document" includes thing;

"evidence" includes the expression of an opinion, belief, intention or allegation.

2.—(1) A person whose evidence has been, is being or is to be given before the committee or who, at its request, produces or sends a document to the committee shall be entitled to the same privileges and immunities as if the person were a witness before the High Court and the document shall be privileged.

(2) The privileges and immunities of a person under subsection (1) shall not be diminished by reason of the fact that—

( a ) members of the public are present at the sitting concerned of the committee,

( b ) the proceedings of the committee are being broadcast to the public or a section of the public by radio or television or other means or are being recorded for that purpose,

( c ) reports of the proceedings are published to the public or a section of the public by any means, or

( d ) persons are present at sittings of the committee for the purpose of preparing reports of its proceedings for publication by any means.

(3) A statement or admission made by a person before the committee, or a document produced or sent by a person to the committee at its request, shall not be admissible as evidence against the person in any criminal proceedings and subsection (1) shall be construed and have effect accordingly.

3.—The committee shall take all steps which in the opinion of the committee are necessary to protect and vindicate the good name, character and other constitutional rights of witnesses and other persons.

4.—(1) The Select Committee on Legislation and Security of Dáil Éireann (in this section referred to as "the committee") may appoint a subcommittee consisting of such members of the committee as it may determine.

(2) A subcommittee appointed under subsection (1) of this section shall, if so requested by the committee, perform the functions referred to in section 1 of this Act in lieu of their being performed by the committee; and, in relation to the performance of those functions by such a subcommittee, this Act shall apply and have effect with the modification that references in this Act (other than section 1) to the committee shall be construed as references to that subcommittee and with any other necessary modifications.

5.—(1) This Act may be cited as the Select Committee on Legislation and Security of Dáil Éireann (Privilege and Immunity) Act, 1994.

(2) If Dáil Éireann resolves that this Act shall come into operation on a day specified in the resolution, this Act shall come into operation on that day.

(3) If Dáil Éireann resolves that this Act shall cease to be in operation as on and from a day specified in the resolution, this Act shall cease to be in operation as on and from that day.

Section 1.

SCHEDULE

Order of Dáil Éireann made on 6th December, 1994

"(1) That the Standing Orders of Dáil Éireann relative to Public Business be suspended today pursuant to Standing Order 143 for the particular purposes of hearing statements and the answering of members' questions to the Taoiseach and to each Minister involved in meetings of Ministers on 11th, 13th and 14th November, 1994, on the circumstances surrounding:

( a ) the appointment of the President of the High Court on Friday, 11th November, 1994;

( b ) the request on Sunday, 13th November, 1994, from the Taoiseach and the Minister for Justice to the Attorney General to re-examine all details of the Brendan Smyth case;

( c ) the alleged request from the Taoiseach to the then President of the High Court to resign on Monday, 14th November, 1994;

( d ) the draft reply and covering letter provided to the Taoiseach by the Attorney General in advance of the Dáil debate on Tuesday, 15th November, 1994, on the issue of the prior application of section 50 of the Extradition (Amendment) Act, 1987 , and the identification of all persons involved in, or approving, the draft reply and covering letter; and

( e ) the identification of all those involved in the preparation of the Taoiseach's Dáil speech for Tuesday, 15th November, 1994; and

(2) that the said proceedings shall be brought to a conclusion at 10.30 p.m. tonight and that the following arrangements shall apply;

( a ) the Dáil shall sit later than 8.30 p.m. tonight and the hour at which business is to be interrupted shall be 10.30 p.m.;

( b ) the statement of the Taoiseach, the Tánaiste, the leaders of the Fine Gael Party, the Labour Party, the Progressive Democrats Party and the Democratic Left Party shall not exceed 30 minutes in each case;

( c ) statements from other members shall not exceed 20 minutes in each case: provided that members may share time;

(3) at the conclusion of the statements, the matters referred to at paragraph (1) shall be referred to the Select Committee on Legislation and Security for the purpose of questioning all persons the Committee deems appropriate. The Committee shall meet at 10.30 a.m. on Wednesday, 7th December and shall report to Dáil Éireann on Thursday, 8th December for as long as is necessary; and

(4) at the conclusion of business, the Dáil shall adjourn until 10.30 a.m. on Thursday next.".