The Commissions of Investigation Act 2004 provides an effective, prompt and transparent mechanism to investigate complex and sensitive matters of significant public concern while also respecting fair procedures and natural justice. The 2004 Act gives the Commission robust powers to conduct investigations within its terms of reference in the manner it considers appropriate while adhering to the rules and procedures contained within the Act.
The Commission of Investigation structure has two main features, namely that in general the proceedings are held in private and that before a report is published a person is allowed to protest against any want of fair procedure. Section 19 prohibits evidence given to a commission being admissible in other proceedings including in criminal proceedings. This provision is consistent with the role and function of such a statutory investigation.
It is important to be clear that a Commission's investigations are not criminal investigations. While the Commission of Investigation cannot bring criminal charges if its Reports reveal issues of concern which are potentially criminal in nature these will of course be referred to the appropriate investigative and prosecution authorities for further consideration.
As I have previously indicated, the Gardaí are the appropriate authority for criminal investigations, following which prosecutions against persons for alleged offences committed in this jurisdiction may be pursued through the criminal courts by the Director of Public Prosecutions. I encourage any person with complaints relating to matters of a potentially criminal nature to report these concerns directly to the Gardaí. There is no requirement to await this Commission's consideration of such matters.
