Investigation Protocol

5. THE CONSEQUENCES OF FAILURE TO CO-OPERATE WITH THE COMMISSION

5.1 In order to enable it to carry out its investigative function effectively, the Oireachtas has conferred on the chairperson of the Commission significant powers to direct the attendance of persons before the Commission (section 32(2)(a) & (b)) and the production of documents to it (section 32(2)(c) & (d)). The chairperson may also give other directions for the purposes of the proceedings that appear to him or her to be reasonable and just. By virtue of section 32(4) of the Ethics Act, failure to abide by such a direction may constitute a criminal offence, for which significant penalties are provided by section 37 of the Ethics Act. It is also a criminal offence to obstruct the Commission, an inquiry officer or a person who is a member of the staff of the Commission or who is carrying out an examination under section 32(4A): section 17 of the Standards Act. Such obstruction may occur "by act or omission". The penalties provided for in section 37 of the Ethics Act also apply to the offence of obstruction.

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