(LRC Revised)

Number 33 of 2013

HOUSES OF THE OIREACHTAS (INQUIRIES, PRIVILEGES AND PROCEDURES) ACT 2013

REVISED

Updated to 2 April 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

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

(33/2013). It is prepared by the Law Reform Commission in accordance with its function

under

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

Merchant Shipping (Investigation of Marine Accidents) Act 2025

(2/2025), enacted 14 April 2025, and all statutory

instruments up to and including the

Policing, Security and Community Safety Act 2024 (Commencement) Order 2025

(S.I. No. 107 of 2025), made 2 April 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

33

of

2013

HOUSES OF THE OIREACHTAS (INQUIRIES, PRIVILEGES AND PROCEDURES) ACT 2013

REVISED

Updated to 2 April 2025

ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

1. Short title and commencement.

2. Interpretation — general.

3. Expenses.

4. Laying of regulations.

5. Repeals.

PART 2

Types of Inquiries that may be Conducted

Chapter 1

Section 7, section 8, section 9, section 10 and section 11 inquiries, etc.

6. Application of

Chapter 1

.

7. Power of committee to conduct inquiry by way of recording evidence, etc.

8. Power of committee to conduct inquiry into legislative functions of either House

or both Houses.

9. Power of committee to conduct inquiry into removal, etc., of certain officeholders.

10. Power of committee to conduct inquiry into conduct of member of House.

11. Power of committee to conduct inquiry into conduct of certain officeholders, etc.

12. Proposal by committee to conduct

Part 2

inquiry.

13. Setting of terms of reference for

Part 2

inquiry.

14. Finding of failure to co-operate with

Part 2

inquiry.

Chapter 2

Section 16 inquiry

15. Application of

section 16

.

16. Committee may conduct investigation into charge under Article 12.10 of Constitution.

PART 3

Part 2

Inquiries to Observe Fair Procedures

17. Findings of fact not to directly impugn person’s good name other than certain persons.

18. Privileges and immunities of witnesses.

19. Guidelines relating to procedures of

Part 2

inquiry.

20. Power of chairman of committee to give directions, etc.

21. Member not to be committee member where perception of bias might arise.

22. Rights of witness to

Part 2

inquiry, etc.

23. Action to be taken where good name of person is directly impugned.

24. Right to good name of person in respect of whom committee is entitled to make

finding that directly impugns good name.

25. Other persons identified in evidence.

26. Notice of intention to exercise powers under

Part 6

relating to compellability.

27. Standard of proof.

28. Duty to inform witness of committee’s powers and to advise witness, etc.

29. Evidence given or sent to committee not admissible in certain proceedings.

30. Preservation of relevant material.

31. Inquiry to be held in public.

32. Offences —

Part 3

.

PART 4

Reports and Certain Confidential Documents Concerning

Part 2

Inquiries

33. Final reports.

34. Interim reports.

35. Draft of relevant report to be given to certain persons.

36. Confidentiality of draft reports.

37. Confidentiality of other documents.

38. Preserving confidentiality of commercially sensitive information.

39. Amending draft reports.

40. Publication of final report and interim reports.

41. Offences —

Part 4

.

PART 5

Part 2

Inquiry Legal Costs,

Part 2

Inquiry Expenses and Private Bill Legal Costs

Chapter 1

Definitions, estimate of Part 2 inquiry legal costs and Part 2 inquiry expenses and

parliamentary legal costs adjudicators

42. Definitions —

Part 5

.

43. Estimate of sum of

Part 2

inquiry legal costs and

Part 2

inquiry expenses.

44. Parliamentary legal costs adjudicator.

45. Powers of parliamentary legal costs adjudicator.

Chapter 2

Part 2 inquiry legal costs

46. Oireachtas Commission to issue guidelines in respect of

Part 2

inquiry legal costs.

47. Third party

Part 2

inquiry legal costs in proceedings of

Part 2

inquiry.

48. Award of

Part 2

inquiry legal costs against third parties.

49. Payment by Oireachtas Commission of

Part 2

inquiry legal costs, etc.

50. Proceedings for recoupment of

Part 2

inquiry legal costs.

51. Application for assessment of

Part 2

inquiry legal costs.

52. Certificate of costs.

Chapter 3

Part 2 inquiry expenses

53. Oireachtas Commission to issue guidelines in respect of

Part 2

inquiry expenses.

54. Payment by Oireachtas Commission of

Part 2

inquiry expenses.

55. Award of

Part 2

inquiry expenses against third parties, etc.

Chapter 4

Private bill legal costs

56. Oireachtas Commission to issue guidelines in respect of private bill legal costs.

57. Awarding of private bill legal costs (promoter) to promoters.

58. Awarding of private bill legal costs (petitioner) to petitioners.

59. Proceedings for recoupment of private bill legal costs.

60. Provisions supplementary to

sections 57

and

58

.

61. Certificate of costs.

Chapter 5

Miscellaneous

62. Further application of

Part 5

.

63. Power of Oireachtas Commission to specify form of documents.

64. Offences —

Part 5

.

PART 6

Compellability, Privileges and Immunities in Relation to

Part 2

Inquiries

65. Definition of “direction”.

66. Application of

Part 6

.

67. Powers of committee to obtain evidence.

68. Scope of

section 67

.

69. Application of

section 67

to members of judiciary, etc.

70. Relevant evidence.

71. Exemption of certain evidence, etc., from

section 67

.

72. Declarations in relation to directions.

73. Provisions supplementary to

section 67

.

74. Saver and restriction of Official Secrets Act 1963.

75. Offences —

Part 6

.

PART 7

Compellability, Privileges and Immunities in Relation to Other Committee Business

Chapter 1

Definitions and application of Chapters 2 and 3

76. Definitions —

Part 7

.

77. Application of

Chapters 2

and

3

.

Chapter 2

Privileges and immunities, etc.

78. Privileges and immunities of witnesses.

79. Guidelines relating to procedures of other committee business.

80. Other persons identified in evidence.

81. Evidence given or sent to committee not admissible in certain proceedings.

82. Offences —

Chapter 2

.

Chapter 3

Directions that may be given by committee conducting other committee business and

related matters

83. Powers of committee to obtain evidence.

84. Scope of

section 83

.

85. Relevant evidence.

86. Exemption of certain evidence, etc., from

section 83

.

87. Declarations in relation to directions.

88. Provisions supplementary to

section 83

.

89. Saver and restriction of Official Secrets Act 1963.

90. Offences —

Chapter 3

.

Chapter 4

Oireachtas Commission may pay expenses of witnesses, etc.

91. Oireachtas Commission may pay reasonable expenses of witnesses, etc.

PART 8

Privilege and Immunity of Committees and Members of Houses and Restriction of Evidence

of Certain Persons

92. Privilege and immunity of committees, etc.

93. Restriction on evidence, etc., of certain persons.

PART 9

Applications to High Court in Relation to Relevant Proceedings, etc.

94. Application to Court for directions on matter relating to relevant proceedings.

95. Provisions that apply where committee resolves that publication of relevant report

could prejudice criminal proceedings, etc.

96. Court’s role in award of third party legal costs, etc., under

sections 48

,

55

,

57

and

58

.

97. Court may set aside

section 50

or

59

.

98. Reference to Court concerning

Part 2

inquiry legal costs or private bill legal costs.

99. Application to Court where person fails to comply with direction under

section 67(1)

or

83(1)

.

100. Appeal to Court against certain direction under

section 67(1)

or

83(1)

.

101. Disapplication of

section 94(5)(a)

or

(b)

, or

100(2)(b)

, to committee in certain circumstances.

102. Court’s discretion to hear certain matters otherwise than in public.

103. Provisions supplementary to

sections 94

to

102

.

PART 10

Privilege in Relation to Private Papers and Confidential Communications

104. Interpretation —

Part 10

.

105. Protected communications of member.

106. Disclosure of communication.

107. Determining what constitutes private paper or confidential communication.

108. Guidelines.

109. Former or deceased member of House.

110. Disclosure of private paper by way of evidence.

111. Offences —

Part 10

.

PART 11

Privilege in Relation to Official Documents

112. Interpretation —

Part 11

.

113. Directions relating to official documents.

114. Restriction on unauthorised access to official documents.

115. Disclosure of official document by way of evidence.

116. Offences —

Part 11

.

PART 12

Evidence on Oath

117. Power to examine witnesses and administer oaths.

118. Power to require evidence on oath.

119. Offences —

Part 12

.

PART 13

Laying of Documents

120. Definition of “statute”.

121. Procedure for laying documents.

122. Provision of minimum period in relation to laying of certain documents.

PART 14

Miscellaneous

123. Offences by bodies corporate.

124. Proceedings in Court, etc.

125. Prosecutions.

126. Legal proceedings not to fall on discontinuation of inquiry, etc.

127. Restriction of Freedom of Information Acts 1997 and 2003.

128. Amendment of Witnesses (Public Inquiries) Protection Act 1892.

129. Amendment of section 21 of Companies Act 1990.

130. Amendment of section 46 of Freedom of Information Act 1997.

131. Amendment of section 13 of Child Trafficking and Pornography Act 1998.

132. Amendment of section 17 of Defamation Act 2009.

133. Offences —

Part 14

.

SCHEDULE

Repeals

Acts Referred to

Bill of Rights 1688

1688 (1 Will. & Mary sess. 2) c. 2

Broadcasting Act 2009

2009, No. 18

Child Trafficking and Pornography Act 1998

1998, No. 22

Civil Service Regulation Act 1956

1956, No. 46

Commissions of Investigation Act 2004

2004, No. 23

Committee of Public Accounts of Dáil Éireann (Privilege and Procedure) Act 1970

1970, No. 22

Committees of the Houses of the Oireachtas (Compellability, Privileges and Immunities

of Witnesses) Act 1997

1997, No. 17

Committees of the Houses of the Oireachtas (Compellability, Privileges and Immunities

of Witnesses) (Amendment) Act 2004

2004, No. 16

Committees of the Houses of the Oireachtas (Privilege and Procedure) Act 1976

1976, No. 10

Companies Act 1963

1963, No. 33

Companies Act 1990

1990, No. 33

Companies Acts

Comptroller and Auditor General and Committees of the Houses of the Oireachtas (Special

Provisions) Act 1998

1998, No. 47

Court Officers Act 1926

1926, No. 27

Courts of Justice (District Court) Act 1946

1946, No. 21

Courts of Justice Act 1924

1924, No. 10

Defamation Act 2009

2009, No. 31

Defence Act 1954

1954, No. 18

Ethics in Public Office Act 1995

1995, No. 22

Freedom of Information Act 1997

1997, No. 13

Freedom of Information Acts 1997 and 2003

Garda Síochána Act 2005

2005, No. 20

House of Commons Costs Taxation Act 1847

1847 (10 & 11 Vict.) c. 69

House of Commons Costs Taxation Act 1879

1879 (42 & 43 Vict.) c. 17

House of Lords Costs Taxation Act 1849

1849 (12 & 13 Vict.) c. 78

Houses of the Oireachtas (Laying of Documents) Act 1966

1966, No. 10

Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993

1993, No. 10

Local Government Act 2001

2001, No. 37

Official Languages Act 2003

2003, No. 32

Official Secrets Act 1963

1963, No. 1

Oireachtas Witnesses Oaths Act 1924

1924, No. 53

Ombudsman Act 1980

1980, No. 26

Parliamentary Attendance Act 1514

1514 (6 Hen. 8) c. 16

Parliamentary Costs Act 1865

1865 (28 & 29 Vict.) c. 27

Parliamentary Costs Act 1867

1867 (30 & 31 Vict.) c. 136

Parliamentary Costs Act 1871

1871 (34 & 35 Vict.) c. 3

Parliamentary Privilege Act 1471

1471-72 (11 & 12 Edw. 4) c. 80 [P.R.O. vol. 3]

Parliamentary Privilege Act 1512

1512 (4 Hen. 8) c. 8

Parliamentary Privilege Act 1603

1603 (1 Jas. 1) c. 13

Parliamentary Privilege Act 1737

1737 (11 Geo. 2) c. 24

Parliamentary Privilege Act 1770

1770 (10 Geo. 3) c. 50

Parliamentary Witnesses Act 1858

1858 (21 & 22 Vict.) c. 78

Parliamentary Witnesses Oaths Act 1871

1871 (34 & 35 Vict.) c. 83

Private Bill Costs Act 1924

1924, No. 52

Public Service Management Act 1997

1997, No. 27

Select Committee on Legislation and Security of Dáil Éireann (Privilege and Immunity) Act 1994

1994, No. 32

Statute Law Revision Act 2007

2007, No. 28

Statute Law Revision Act 2009

2009, No. 46

Statute Law Revision Act 2012

2012, No. 19

Taxes Consolidation Act 1997

1997, No. 39

Tribunals of Inquiry (Evidence) Acts 1921 to 2011

Witnesses (Public Inquiries) Protection Act 1892

1892 (55 & 56 Vict.) c. 64

Number

33

of

2013

HOUSES OF THE OIREACHTAS (INQUIRIES, PRIVILEGES

AND PROCEDURES) ACT 2013

REVISED

Updated to 2 April 2025

AN ACT TO PROVIDE FOR THE EXERCISE BY EITHER HOUSE OR BOTH HOUSES OF THE OIREACHTAS

(OR BY A COMMITTEE OF EITHER HOUSE OR BOTH HOUSES) OF A POWER TO CONDUCT AN INQUIRY

INTO SPECIFIED MATTERS, TO PROVIDE FOR MATTERS RELATING TO COMPELLABILITY, PRIVILEGE

AND PROCEDURE IN THE HOUSES (AND IN COMMITTEES OF EITHER HOUSE OR BOTH HOUSES), AND

TO PROVIDE FOR RELATED MATTERS.

[24

th July

, 2013]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS

ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

1. Short title and commencement.

2. Interpretation — general.

3. Expenses.

4. Laying of regulations.

5. Repeals.

PART 2

Types of Inquiries that may be Conducted

Chapter 1

Section 7, section 8, section 9, section 10 and section 11 inquiries, etc.

6. Application of

Chapter 1

.

7. Power of committee to conduct inquiry by way of recording evidence, etc.

8. Power of committee to conduct inquiry into legislative functions of either House

or both Houses.

9. Power of committee to conduct inquiry into removal, etc., of certain officeholders.

10. Power of committee to conduct inquiry into conduct of member of House.

11. Power of committee to conduct inquiry into conduct of certain officeholders, etc.

12. Proposal by committee to conduct

Part 2

inquiry.

13. Setting of terms of reference for

Part 2

inquiry.

14. Finding of failure to co-operate with

Part 2

inquiry.

Chapter 2

Section 16 inquiry

15. Application of

section 16

.

16. Committee may conduct investigation into charge under Article 12.10 of Constitution.

PART 3

Part 2

Inquiries to Observe Fair Procedures

17. Findings of fact not to directly impugn person’s good name other than certain persons.

18. Privileges and immunities of witnesses.

19. Guidelines relating to procedures of

Part 2

inquiry.

20. Power of chairman of committee to give directions, etc.

21. Member not to be committee member where perception of bias might arise.

22. Rights of witness to

Part 2

inquiry, etc.

23. Action to be taken where good name of person is directly impugned.

24. Right to good name of person in respect of whom committee is entitled to make

finding that directly impugns good name.

25. Other persons identified in evidence.

26. Notice of intention to exercise powers under

Part 6

relating to compellability.

27. Standard of proof.

28. Duty to inform witness of committee’s powers and to advise witness, etc.

29. Evidence given or sent to committee not admissible in certain proceedings.

30. Preservation of relevant material.

31. Inquiry to be held in public.

32. Offences —

Part 3

.

Number

33

of

2013