Amendment of Act 32. The Act of 2000 is amended by;of 2000
(a) the substitution for section 20 of the Act of 2000 of the following sections:
20. (1) The Minister may, with the consent of the
costs and expenses. Minister for Finance and after consultation with the Commission, make a scheme providing for the payment 10 by
the Commission to a person who, pursuant to a request of a Committee or
a direction attends before a Committee, of a reasonable amount in
respect of the expenses incurred by the person in relation to such
Minister may, with the consent and after consultation aforesaid, make a
scheme amending or revoking a scheme under this section.
- The Commission shall carry our a scheme under this section in accordance with its terms.
20A (1) The Investigation Committee may allow a
Legal representation person appearing before it to be represented by counsel
and costs and or solicitor or otherwise. 25
Subject to subsection (3), the Commission may pay such reasonable costs
arising out of the representation referred to in subsection (10 to the
person so represented as are agreed between the Commission 30 and that person or, in default of agreement, such costs as may be taxed by a Taxing Master of the High Court.
Where the Chairperson is of the opinion that a person has failed to
co-operate with or proved assistance, or has knowingly given false or
misleading 35 information, to the Investigation Committee
and there are sufficient reasons rendering it equitable to do so, the
Chairperson may, on his or her own motion or pursuant to an application
by a person appearing before the Investigation Committee, refuse to
allow the whole or 40 part of the costs of appearance to such person, and may make an order directing that the whole or part of such costs;
(a) of any person appearing before the 45 Investigation
Committee by counsel or solicitor, as may be taxed by a Taxing Master
of the High Court in default of agreement, shall be paid to the person
by the first-mentioned 50
incurred by the Investigation Committee, as may be taxed by a Taxing
Master of the High Court in default of agreement, shall be paid to the
Minister for Finance by the first-mentioned person.
Commission may pay to a person (other than a person referred to in
subsection (2) who makes discovery of documents pursuant to a direction
under section 14(1)(d) appearing before the Investigation
Committee by counsel or solicitor such reasonable costs of appearing as
may be agreed between the Commission and that person or, in default of
agreement, as may be taxed by a Taxing Master of the High Court.
Where, in accordance with this section, expenses or costs are agreed or
taxed, the Commission, or, as the case may be, the Taxing Master shall
have regard to;
- any expenses and costs paid to the person by the Residential Institutions Redress Board, and
any expenses and costs paid to the person by the State in respect of
any litigation concerning the same, or substantially the same, acts
complained of to the Investigation Committee,
for the purpose of ensuring that payment is not made more than once for any matter arising our of such expenses or costs.”,
(b) the insertion after section 23 of the following new section:
“Deciding officers. 23A.
(1) The Commission may, with the consent of the Minister and the
Minister for Finance, appoint persons (referred to in the Act as
‘deciding officers’) to assist the Investigation Committee in carrying
out of its functions.
A deciding officer shall have such expertise in law, medicine,
psychiatry, psychology or social work as the Commission considers
A deciding officer shall be appointed subject to such terms and
conditions as the Minister, with the consent of the Minister for
Finance, may determine.
Chairperson may, when making a determination under section 11(6),
include such numbers of deciding officers as, in the opinion of the
Chairperson, is appropriate.
A deciding office shall, in respect of a division of the Investigation
Committee, exercise the functions of a member of that division.”