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Investigation Protocol
7. COSTS
7.1 Section 9 of the Standards Act provides that following an investigation by the Commission under section 23 of the Ethics Act the Commission may either at its own discretion or on the application of any person appearing before it order that the whole or part of the costs necessarily incurred by that person, as taxed by a Taxing Master of the High Court, be paid to that person by any other person named in the Order or that the whole or part of the costs incurred by the Commission, as taxed aforesaid, be paid to the Minister for Finance by any other person named in the Order. Such an order may be made if and only if, having regard to "the findings of the Commission" and "all other relevant matters", including the matters specified in section 9(1), the Commission is of the opinion that there are sufficient grounds rendering it equitable to do so.
7.2 Having regard to the terms of section 9, it is clearly impossible to anticipate in what circumstances and in what manner the Commission may exercise its power under section 9. It will, however, do so fairly and in accordance with fair procedures.
7.3 Section 26 of the Ethics Act provides that where, following investigation by the Commission of a complaint referred to, or made to the Commission under section 22 of the Ethics Act (other than complaints made under section 22(4) of the Ethics Act and section 4 of the Standards Act), the Commission determines that the complaint was frivolous or vexatious or determines that there has been no contravention of the relevant provisions of the Ethics Acts and that there were no reasonable grounds for the complaint, the Commission may order that such amount or amounts as it considers appropriate in all the circumstances, but in any event not exceeding €1,950.00, in respect of the reasonable costs and expenses incurred by any person before it (including costs incurred in respect of legal representation) in relation to the investigation should be paid by the complainant. For the purpose of exercising this power, the Commission is empowered to measure the costs and expenses concerned. The powers of the Commission under this section also apply when an investigation is discontinued under section 31(2) of the Act.
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