Michael McGrath (Cork South Central, Fianna Fail)
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36. To ask the Minister for Public Expenditure and Reform if he will require former senior public servants and executives of commercial semi-State companies to appear before Oireachtas committees investigating matters relevant to their actions while in the employment of the State; and if he will make a statement on the matter. [42054/14]

Brendan Howlin (Wexford, Labour)
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The Houses of the Oireachtas (Powers, Privileges and Procedures) Act 2013 amended and simplified the law on the compellability of witnesses to Oireachtas Committees that have the power, conferred by the relevant House or both Houses, to send for persons, papers and records.  This applies both to the conduct of parliamentary inquiries into matters of significant public importance, and to other committee business. 

This legislation allows an Oireachtas Committee to direct any person in the State to attend before it on matters relevant to its proceedings.  It also permits an Oireachtas Committee to request a person to make discovery on oath of documents in their control, or to make a statement in writing on certain matters. 

Former senior public servants and executives of commercial semi State companies are not exempted in this regard.  Any use of compellability powers by an Oireachtas Committee must be sanctioned in advance in accordance with the provisions of the Houses of the Oireachtas (Powers, Privileges and Procedures) Act 2013.  In relation to the conduct of inquiries, the House must pass a resolution in respect of the inquiry specifying whether the committee has or will have the power to send for persons, papers or records pursuant to the applicable rules and standing orders.  In relation to the conduct of other committee business, a committee to whom the House conferred the power to send to persons, papers and records shall not use its compellability powers unless it has the consent in writing of the Committee on Procedure and Privileges to do so.