Irish Law Reform Commission Papers and Reports

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APPENDIX A DRAFT BILL

DRAFT TRIBUNALS OF INQUIRY BILL 2005

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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.

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DRAFT TRIBUNALS OF INQUIRY BILL 2005

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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

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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

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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

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____________

DRAFT TRIBUNALS OF INQUIRY BILL 2005

____________

BILL

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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

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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

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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.

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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—

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(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:

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(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

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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.

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(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

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(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.

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(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.

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(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

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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,

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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.

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(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

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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.

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(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.

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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

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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.

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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

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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

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(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 à 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

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Consultation Paper on Public

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Consultation Paper on The Law and

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Consultation Paper on A Fiscal

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Consultation Paper on Multi-Party

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Consultation Paper on Corporate

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Consultation Paper on Homicide: The Plea of

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Twenty Fourth (Annual) Report (2002)

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Consultation Paper on General Law

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Report on Judicial Review Procedure

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Consultation Paper on the Establishment

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Consultation Paper on Judgment Mortgages

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Consultation Paper on the Court Poor Box

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Consultation Paper on the Rights

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Consultation Paper on Prosecution

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Twenty Fifth (Annual) Report (2003)

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Report on a Fiscal Prosecutor and

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Consultation Paper on Trust Law –

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