IE
(LRC Revised)
Statutory Text (1 Articles)
Number 23 of 2004
COMMISSIONS OF INVESTIGATION ACT 2004
REVISED
Updated to 22 July 2025
Changes to legislation
as of 10 July 2026, this Act is up to date with all changes known to be in force.
This Revised Act is an administrative consolidation of the
Commissions of Investigation Act 2004
. It is prepared by the Law Reform Commission in accordance with its function under
the
Law Reform Commission Act 1975
(3/1975) to keep the law under review and to undertake revision and consolidation
of statute law.
All Acts up to and including the
Statute Law Revision Act 2025
(10/2025), enacted 23 July 2025, and all statutory instruments up to and
including the
Commission of Investigation (Handling of Historical Child Sexual Abuse in Day and
Boarding Schools) Order 2025
(S.I. No. 388 of 2025), made 22 July 2025, were considered in the preparation of
this
Revised Act.
Disclaimer: While every care has been taken in the preparation of this Revised Act,
the Law Reform Commission can assume no responsibility for and give no guarantees,
undertakings or warranties concerning the accuracy, completeness or up to date nature
of the information provided and does not accept any liability whatsoever arising from
any errors or omissions. Please notify any errors, omissions and comments by email
to
revisedacts@lawreform.ie.
Number
23
of
2004
COMMISSIONS OF INVESTIGATION ACT 2004
REVISED
Updated to 22 July 2025
ARRANGEMENT OF SECTIONS
PART 1
Preliminary Matters
Section
1.
Short title.
2.
Interpretation.
PART 2
Establishment, Membership and Independence of Commissions
3.
Establishment of commissions.
4.
How terms of reference are to be set.
5.
Content of terms of reference and accompanying statement.
6.
Amendment of terms of reference and accompanying statement.
7.
Membership.
8.
Advice and assistance.
9.
Independence.
PART 3
Investigations and Related Matters
10.
Conduct of investigations.
11.
In general evidence to be given in private.
12.
Duty to disclose substance of evidence to other witnesses, etc., and to give them
a chance to comment.
13.
Duty to inform witnesses of commissions' powers and to advise them of their own rights
and obligations.
14.
Form and manner in which evidence may be given.
15.
Powers to establish rules and procedures relating to evidence and submissions.
16.
Powers relating to witnesses and documents.
17.
Power to direct certain persons to pay costs.
18.
Offence of making false statement.
19.
Evidence given to commissions not admissible in certain proceedings.
20.
Privileges and immunities of witnesses.
21.
Determinations on privilege.
22.
Right of appeal to High Court against determinations on privilege.
23.
Guidelines concerning recovery of legal costs necessarily incurred by witnesses.
24.
Request for recovery of legal costs necessarily incurred and certain other expenses.
25.
Signing of written directions.
PART 4
Other Powers Relating to Investigations
26.
Persons authorised to exercise powers of entry, inspection, etc.
27.
Governing principle for exercise of powers of entry, inspection, etc.
28.
Powers of entry, inspection, etc.
29.
Power of District Court to issue warrant authorising entry.
30.
Offence of obstructing, etc., authorised persons.
31.
Preservation of documents.
PART 5
Reports and Records of Commissions
32.
Preparation and content of final reports.
33.
Interim reports.
34.
Draft reports to be sent to certain persons.
35.
Amendment of draft reports for reasons relating to failure to observe fair procedures.
36.
Amendment of draft reports to preserve confidentiality of sensitive commercial information.
37.
Confidentiality of draft reports.
38.
Publication of final and interim reports.
39.
Restriction of Data Protection Act 1988.
40.
Restriction of Freedom of Information Acts 1997 to 2003.
(Repealed)
41.
Availability of records for inspection by public under National Archives Act 1986.
PART 6
Miscellaneous Matters
42.
Privilege of members and persons appointed under
section 8
.
43.
Dissolution of commissions.
44.
If a tribunal of inquiry is established.
45.
Commissions' evidence and documents to be available to tribunals.
46.
Protection of identifying information by tribunals.
47.
Proceedings in the High Court.
48.
Offences by bodies corporate.
49.
Prosecutions.
50.
Penalties for offences.
51.
Expenses.
Acts Referred to
Data Protection Act 1988
1988, No. 25
Freedom of Information Acts 1997 to 2003
National Archives Act 1986
1986, No. 11
Petty Sessions (Ireland) Act 1851
14 & 15 Vict., c. 50
Tribunals of Inquiry (Evidence) Acts 1921 to 2004
Number
23
of
2004
COMMISSIONS OF INVESTIGATION ACT 2004
REVISED
Updated to 22 July 2025
AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF COMMISSIONS FROM TIME TO TIME TO INVESTIGATE
INTO AND REPORT ON MATTERS CONSIDERED TO BE OF SIGNIFICANT PUBLIC CONCERN, TO PROVIDE
FOR THE POWERS OF SUCH COMMISSIONS AND TO MAKE PROVISION FOR RELATED MATTERS.
[18
th July
2004]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS
Annotations
Modifications (not altering
text)
C1
Application of Act
restricted (4.03.2024) by
Mother and Baby Institutions Payment Scheme Act
2023
(20/2023), s. 53(4), S.I. No. 67 of 2024.
Use of database and records of
Commission of Investigation into Mother and Baby Homes
53
.— ...
(4) For the avoidance of doubt, the
Act of 2004 shall not operate to prevent the Chief Deciding Officer or the Child and
Family Agency from accessing and processing personal data and special categories of
personal data in accordance with subsections (2) and (3).
...
C2
Application of Act
restricted (25.10.2020) by
Commission of Investigation (Mother and Baby Homes
and Certain Related Matters) Records, and Another Matter, Act 2020
(20/2020), ss. 3(3), 7(1), commenced on enactment.
Restriction on processing of
certain records
3. ...
(3) For the avoidance of doubt,
neither this Act nor the Act of 2004 shall operate to prevent the Agency from
processing information contained in the database that was compiled from a related
record given to the Commission by the Agency.
...
Dissolution of Commission and
final report
7. (1) Notwithstanding the Act of
2004, the Commission shall stand dissolved on 28 February 2021.
(2) The Commission shall submit
its final report to the Government no later than 30 October 2020.
Annotations
Modifications (not altering
text)
C1
Application of Act
restricted (4.03.2024) by
Mother and Baby Institutions Payment Scheme Act
2023
(20/2023), s. 53(4), S.I. No. 67 of 2024.
Use of database and records of
Commission of Investigation into Mother and Baby Homes
53
.— ...
(4) For the avoidance of doubt, the
Act of 2004 shall not operate to prevent the Chief Deciding Officer or the Child and
Family Agency from accessing and processing personal data and special categories of
personal data in accordance with subsections (2) and (3).
...
C2
Application of Act
restricted (25.10.2020) by
Commission of Investigation (Mother and Baby Homes
and Certain Related Matters) Records, and Another Matter, Act 2020
(20/2020), ss. 3(3), 7(1), commenced on enactment.
Restriction on processing of
certain records
3. ...
(3) For the avoidance of doubt,
neither this Act nor the Act of 2004 shall operate to prevent the Agency from
processing information contained in the database that was compiled from a related
record given to the Commission by the Agency.
...
Dissolution of Commission and
final report
7. (1) Notwithstanding the Act of
2004, the Commission shall stand dissolved on 28 February 2021.
(2) The Commission shall submit
its final report to the Government no later than 30 October 2020.
PART 1
Preliminary Matters
Section
1.
Short title.
2.
Interpretation.
PART 2
Establishment, Membership and Independence of Commissions
3.
Establishment of commissions.
4.
How terms of reference are to be set.
5.
Content of terms of reference and accompanying statement.
6.
Amendment of terms of reference and accompanying statement.
7.
Membership.
8.
Advice and assistance.
9.
Independence.
PART 3
Investigations and Related Matters
10.
Conduct of investigations.
11.
In general evidence to be given in private.
12.
Duty to disclose substance of evidence to other witnesses, etc., and to give them
a chance to comment.
13.
Duty to inform witnesses of commissions' powers and to advise them of their own rights
and obligations.
14.
Form and manner in which evidence may be given.
15.
Powers to establish rules and procedures relating to evidence and submissions.
16.
Powers relating to witnesses and documents.
17.
Power to direct certain persons to pay costs.
18.
Offence of making false statement.
19.
Evidence given to commissions not admissible in certain proceedings.
20.
Privileges and immunities of witnesses.
21.
Determinations on privilege.
22.
Right of appeal to High Court against determinations on privilege.
23.
Guidelines concerning recovery of legal costs necessarily incurred by witnesses.
24.
Request for recovery of legal costs necessarily incurred and certain other expenses.
25.
Signing of written directions.
PART 4
Other Powers Relating to Investigations
26.
Persons authorised to exercise powers of entry, inspection, etc.
27.
Governing principle for exercise of powers of entry, inspection, etc.
28.
Powers of entry, inspection, etc.
29.
Power of District Court to issue warrant authorising entry.
30.
Offence of obstructing, etc., authorised persons.
31.
Preservation of documents.
PART 5
Reports and Records of Commissions
32.
Preparation and content of final reports.
33.
Interim reports.
34.
Draft reports to be sent to certain persons.
35.
Amendment of draft reports for reasons relating to failure to observe fair procedures.
36.
Amendment of draft reports to preserve confidentiality of sensitive commercial information.
37.
Confidentiality of draft reports.
38.
Publication of final and interim reports.
39.
Restriction of Data Protection Act 1988.
40.
Restriction of Freedom of Information Acts 1997 to 2003.
(Repealed)
41.
Availability of records for inspection by public under National Archives Act 1986.
PART 6
Miscellaneous Matters
42.
Privilege of members and persons appointed under
section 8
.
43.
Dissolution of commissions.
44.
If a tribunal of inquiry is established.
45.
Commissions' evidence and documents to be available to tribunals.
46.
Protection of identifying information by tribunals.
47.
Proceedings in the High Court.
48.
Offences by bodies corporate.
49.
Prosecutions.
50.
Penalties for offences.
51.
Expenses.
Number
23
of
2004