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23 2004

Commissions of Investigation Act 2004

PART 4

Other Powers Relating to Investigations

Persons authorised to exercise powers of entry, inspection, etc.

26. —(1) In relation to a commission, the following are authorised persons for the purposes of this Part:

(a) any member of the commission;

(b) any person appointed under section 8 and authorised by the commission in writing to exercise the powers given under section 28 to authorised persons.

(2) Persons appointed under section 8 may be authorised by a commission to exercise the powers given by this section in respect of a specified matter or event or generally for the purposes of the investigation.

(3) The commission shall provide each authorised person with a warrant identifying the person and indicating that he or she has authority to exercise the powers given under section 28 .

(4) When exercising powers under section 28 , an authorised person shall, if requested by anyone affected, produce the warrant for inspection.

Governing principle for exercise of powers of entry, inspection, etc.

27. —The powers given under section 28 to authorised persons may be exercised only—

(a) at the direction of a commission, and

(b) if it considers that the exercise of those powers is reasonable and necessary for the purposes of its investigation.

Powers of entry, inspection, etc.

28. —(1) Subject to section 27 , any authorised person may do any or all of the following:

(a) enter at any reasonable time any premises in which the authorised person has reasonable grounds to believe there are any documents, or there is information in any form, relating to any matter within the commission's terms of reference;

(b) inspect any documents, or information in any form, on the premises;

(c) secure for later inspection any documents, any information in any form and any equipment in which those documents or that information may be held, if the authorised person has reason to believe that the documents or information may be relevant to the investigation;

(d) secure for later inspection the premises, or any part of the premises, but only if the authorised person considers it necessary to do so in order to preserve for inspection documents or information in any form that he or she has reason to believe may be kept there and may relate to the investigation;

(e) take copies of or extracts from any documents or any electronic information system on the premises, including in the case of information in a non-legible form, copies of or extracts from such information in a permanent legible form;

(f) remove for later examination or copying any documents, or information in any form, that the authorised person has reason to believe may relate to a matter under investigation and retain them for the period that he or she considers reasonable;

(g) direct any person on the premises to produce to the authorised person any documents, or information in any form, kept on the premises;

(h) direct any person on the premises having charge of, or otherwise concerned with the operation of, data equipment or any associated apparatus or material to provide the authorised person with all reasonable assistance in relation to the equipment, apparatus or material;

(i) direct any person on the premises to give to the authorised person any information that the authorised person may reasonably require with regard to a matter under investigation.

(2) Despite subsection (1), an authorised person may not enter a private dwelling or the part of any premises that is used as a private dwelling, except—

(a) with the consent of the occupier, or

(b) under the authority of a warrant issued under section 29 by a judge of the District Court.

(3) When exercising powers under this section, an authorised person may be accompanied by a member of the Garda Síochána.

(4) The production of a document in compliance with a direction under this section does not prejudice a person's lien on the document.

Power of District Court to issue warrant authorising entry.

29. —(1) If satisfied on the sworn information of an authorised person that there are reasonable grounds for suspecting that in any private dwelling or on any premises part of which is used as a private dwelling there are any documents, or there is information in any form, relating to a matter within a commission's terms of reference and required by the commission for the purposes of its investigation, a judge of the District Court may issue a warrant authorising a named authorised person to enter, on production of the warrant, the private dwelling or the part of those premises used as such a dwelling, at any time or times within one month after the date of issue of the warrant, for the purpose of exercising there the powers given by section 28 .

(2) The warrant issued by a judge of the District Court may also permit—

(a) the named authorised person to be accompanied during the entry and inspection of the private dwelling or the part of the premises used as such a dwelling by such other authorised persons and members of the Garda Síochána as the named authorised person thinks necessary, and

(b) the use of such reasonable force as is necessary for the purposes of entry.

Offence of obstructing, etc., authorised persons.

30. —A person is guilty of an offence if the person—

(a) intentionally obstructs an authorised person in the exercise of any of his or her powers under this Part,

(b) fails, without reasonable excuse, to comply with a direction given by an authorised person in the exercise of those powers, or

(c) in purporting to give information required by an authorised person in the exercise of those powers—

(i) makes a statement knowing it to be false or misleading in a material particular, or

(ii) intentionally fails to disclose any material particular.

Preservation of documents.

31. —(1) A person who has in the person's possession or power a document, or information in any form, relating to any matter within a commission's terms of reference shall preserve that document or information—

(a) until the commission is dissolved under section 43 (1), or

(b) if the commission is dissolved under section 44 (1), until the tribunal established to inquire into the matter that was within the commission's terms of reference has completed its inquiry.

(2) A person who contravenes subsection (1) is guilty of an offence.