Aodhán Ó Ríordáin (Dublin Bay North, Labour) | Oireachtas source

I move amendment No. 29:

In page 42, between lines 9 and 10, to insert the following:

“(3) Where a person fails or refuses to comply with, or disobeys, a summons to attend or other direction under subsection (1), the High Court may, on application by the appointed judge concerned and on notice to the person—

(a) order the person to comply with the direction or, in the case of a summons, to attend before the appointed judge, and

(b) make such other order (if any) as it considers necessary and just to enable the direction to have full effect or, in the case of a summons, to ensure the attendance before the appointed judge.

(4) A person who—

(a) on being summoned to attend before an appointed judge for the purpose of an inquiry under section 31(3)(a), fails to attend,

(b) in attendance as a witness for such a purpose—

(i) refuses to take an oath lawfully required by the appointed judge to be taken,

(ii) refuses to produce any document in his or her power or control lawfully required by the appointed judge to be produced by him or her,

(iii) refuses to answer any question to which the appointed judge may lawfully require an answer, or

(iv) does anything which, if the appointed judge were a judge of the High Court hearing an action, would be contempt of that 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.”. —

This follows on from the section relating to removal from office of the Garda Commissioner or deputy Garda Commissioner and relates to an inquiry under that section. We are trying with this amendment to pre-empt the potential for the Garda Commissioner or deputy Garda commissioner to fail to comply with a summons to attend or another direction under subsection (1) in relation to an inquiry. What should happen if an inquiry was to be undertaken into the Commissioner or deputy commissioner? We need to lay out and legislate for what would happen in that circumstance. In the eventuality of a controversy around a Garda Commissioner or deputy Garda commissioner and an associated inquiry and for whatever reason the Commissioner or deputy commissioner decides not to adhere to or to obstruct that inquiry, the powers would be in the legislation in terms of compellability. I want the Minister’s reflections on that.