Rules of the Superior Courts (No. 5) (Committees of the Houses of the Oireachtas (Compellability, Privileges and Immunities of Witnesses) Act, 1997), 1998
Statutory Instruments
Source: Statutory Instruments

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paragraphs: The following Order shall be inserted as Order 131 of the Rules of the Superior Courts.
"the Act of 1997" means the Committees of the Houses of the Oireachtas (Compellability, Privileges and Immunities of Witnesses) Act, 1997 ;
"a committee" means a committee appointed by either House of the Oireachtas or jointly by both Houses of the Oireachtas (other than the Committee on Members' Interests of Dail Eireann or the Committee on Members' Interests of Seanad Eireann) or a sub-committee of such a committee;
"a direction" means a direction given under section 3 of the Act of 1997.
(2) The motion shall be grounded upon the affidavit of the person bringing the application or appeal.
(a) where a direction is given in writing, exhibit the said direction;
(b) where a direction is not given in writing, describe concisely the nature of the direction given;
(c) state how the person has disobeyed the direction;
(d) specify the relief sought of the Court in order to enable the direction to have full effect.
(a) exhibit a copy of the direction in respect of which the determination is made, where the said direction is in writing;
(b) where a direction is not given in writing, describe concisely the nature of the direction in respect of which the determination is made;
(c) exhibit a copy of the determination made by the Chairman or Chairmen, where such a determination is in writing;
(d) describe concisely the nature of the determination made by the Chairman or Chairmen where such a determination is not in writing; and
(e) state the basis for the person's opinion that the evidence or document to which the direction relates is not relevant to the proceedings of the committee.
(a) exhibit a copy of the direction in respect of which the decision is made, where the said direction is in writing;
(b) where a direction is not given in writing, describe concisely the nature of the direction in respect of which the decision is made;
(c) exhibit a copy of the decision made by the committee, where such a decision is in writing;
(d) describe concisely the nature of the decision made by the committee, where such a decision is not in writing;
(e) state the grounds upon which it is claimed by the person that the prejudice described in section 5(2)(a) or (b) could be caused as a result of the direction given in relation to the evidence or document;
(f) where an application is made by the chairperson, pursuant to section 5(2)(i)(II), state the grounds upon which the committee decided not to withdraw the direction.
(a) exhibit a copy of the direction in respect of which the decision is made, where the said direction is in writing;
(b) where a direction is not given in writing, describe concisely the nature of the direction in respect of which the decision is made;
(c) exhibit the notification in writing, if any, by the person informing the committee of his or her opinion that, by virtue of section 11(1), he or she was entitled to disobey the direction; and
(d) state, if known to the committee, the basis upon which the person formed the opinion that, by virtue of section 11(1), he or she was entitled to disobey the direction.
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paragraphs: This rule shall come into operation on the 20th day of October, 1998.
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paragraphs: This rule shall be construed together with the Rules of the Superior Courts, 1986 to 1998 and may be cited as the Rules of the Superior Courts (No. 5)( Committees of the Houses of the Oireachtas (Compellability, Privileges and Immunities of Witnesses) Act, 1997 ), 1998.
These Rules which come into operation on 20th October, 1998 make provision in regard to applications and appeals to the High Court under the Committees of the Houses of the Oireachtas (Compellability, Privileges and Immunities of Witnesses) Act, 1997 .