Helen McEntee (Meath East, Fine Gael) | Oireachtas source

I move amendment No. 29:

In page 42, between lines 33 and 34, to insert the following: “(3) A person who does or omits to do anything that, if the inquiry were a court of law having the power to punish for contempt, would be contempt of such court, is guilty of an offence and is liable, on summary conviction, to a class C fine or to imprisonment for a term not exceeding 6 months, or both.”.

During the Dáil debates on this Bill, it was noted that the sections providing for judicial inquiries lacked any penalties for non-compliance with the rulings of the judge in such inquiries. While the original intention of the Bill was that the common law powers of a judge could be used to enforce such penalties, I am now advised that such powers can only be used when a judge is sitting in a court. They are not applicable to these types of judicial inquiries. The Attorney General has now advised that express provision should be made for such penalties for non-compliance with an inquiry. I want to acknowledge Deputies Ó Ríordáin and Howlin for flagging this particular issue. Accordingly, these amendments make it an offence for a person to do or to omit to do anything that, if the inquiry were a court of law, would be considered contempt of such a court.