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Commissions of Investigation

Dáil Éireann Debate, Tuesday - 21 March 2017

Tuesday, 21 March 2017

Questions (694)

David Cullinane

Question:

694. Deputy David Cullinane asked the Minister for Health if it is the fact that any statement, admission or document given or sent to a commission of investigation is not admissible as evidence against a person in any criminal or other proceedings except proceedings regarding an offence under section 18; if this will apply to the proposed commission of investigation into the Grace case; and if he will make a statement on the matter. [13191/17]

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Written answers

The Commission of Investigation into certain matters relative to a disability service in the South East and related matters i.e. the Commission established into the care of "Grace" (pseudonym) and others, is being established under the Commissions of Investigation Act 2004, which is under the aegis of the Minister for Justice and Equality. The Commissions of Investigation Act contains the following provision, which applies to all Commissions established under the Act:-

19.—(1) None of the following is admissible as evidence against a person in any criminal or other proceedings, except proceedings in relation to an offence against section 18:

(a) a statement or admission made by the person to a commission or to a person appointed under section 8;

(b) a document given or sent to a commission pursuant to a direction or request of the commission to the person;

(c) a document specified in an affidavit of documents made by the person and given to a commission pursuant to a direction or request of the commission.

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