{"id":27777,"date":"2023-09-27T22:50:59","date_gmt":"2023-09-27T22:50:59","guid":{"rendered":"https:\/\/legalblog.ie\/?p=27777"},"modified":"2024-03-22T22:19:51","modified_gmt":"2024-03-22T22:19:51","slug":"documents-reco","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/documents-reco\/","title":{"rendered":"Documents &#038; Records"},"content":{"rendered":"<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_63 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title \" >Table of Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"Toggle Table of Content\"><span class=\"ez-toc-js-icon-con\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/span><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><ul class='ez-toc-list-level-3' ><li class='ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/legalblog.ie\/documents-reco\/#Public_Records_Common_Law\" title=\"Public Records Common Law\">Public Records Common Law<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/legalblog.ie\/documents-reco\/#Business_Records\" title=\"Business Records\">Business Records<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/legalblog.ie\/documents-reco\/#Scope\" title=\"Scope\">Scope<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/legalblog.ie\/documents-reco\/#Proved_by_Certificate\" title=\"Proved by Certificate\">Proved by Certificate<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-5\" href=\"https:\/\/legalblog.ie\/documents-reco\/#Serve_a_Notice\" title=\"Serve a Notice\">Serve a Notice<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-6\" href=\"https:\/\/legalblog.ie\/documents-reco\/#Discretion_to_Exclude\" title=\"Discretion to Exclude\">Discretion to Exclude<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-7\" href=\"https:\/\/legalblog.ie\/documents-reco\/#Bankers_Book_Evidence\" title=\"Banker&#8217;s Book Evidence\">Banker&#8217;s Book Evidence<\/a><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-8\" href=\"https:\/\/legalblog.ie\/documents-reco\/2\/#CRIMINAL_JUSTICE_ACT_2011\" title=\"\nCRIMINAL JUSTICE ACT 2011\">\nCRIMINAL JUSTICE ACT 2011<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-9\" href=\"https:\/\/legalblog.ie\/documents-reco\/2\/#Interpretation\" title=\"Interpretation.\">Interpretation.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-10\" href=\"https:\/\/legalblog.ie\/documents-reco\/2\/#Relevant_offences_for_purposes_of_this_Act\" title=\"Relevant offences for purposes of this Act.\">Relevant offences for purposes of this Act.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-11\" href=\"https:\/\/legalblog.ie\/documents-reco\/2\/#Orders_and_regulations\" title=\"Orders and regulations.\">Orders and regulations.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-12\" href=\"https:\/\/legalblog.ie\/documents-reco\/2\/#Order_to_produce_documents_or_provide_information\" title=\"Order to produce documents or provide information.\">Order to produce documents or provide information.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-13\" href=\"https:\/\/legalblog.ie\/documents-reco\/2\/#Privileged_legal_material\" title=\"Privileged legal material.\">Privileged legal material.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-14\" href=\"https:\/\/legalblog.ie\/documents-reco\/2\/#Concealing_facts_disclosed_by_documents\" title=\"Concealing facts disclosed by documents.\">Concealing facts disclosed by documents.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-15\" href=\"https:\/\/legalblog.ie\/documents-reco\/2\/#Presumptions_relating_to_documents\" title=\"Presumptions relating to documents.\">Presumptions relating to documents.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-16\" href=\"https:\/\/legalblog.ie\/documents-reco\/2\/#Withholding_information\" title=\"Withholding information.\">Withholding information.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-17\" href=\"https:\/\/legalblog.ie\/documents-reco\/2\/#Protection_for_employees_from_penalisation_for_disclosing_information_relating_to_relevant_offences\" title=\"Protection for employees from penalisation for disclosing information relating to relevant offences.\">Protection for employees from penalisation for disclosing information relating to relevant offences.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-18\" href=\"https:\/\/legalblog.ie\/documents-reco\/2\/#Offences_etc\" title=\"Offences, etc.\">Offences, etc.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-19\" href=\"https:\/\/legalblog.ie\/documents-reco\/2\/#Liability_for_offences_by_bodies_corporate\" title=\"Liability for offences by bodies corporate.\">Liability for offences by bodies corporate.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-20\" href=\"https:\/\/legalblog.ie\/documents-reco\/2\/#%E2%80%9CRELEVANT_OFFENCES%E2%80%9D_FOR_THE_PURPOSES_OF_THIS_ACT\" title=\"\u201cRELEVANT OFFENCES\u201d FOR THE PURPOSES OF THIS ACT\">\u201cRELEVANT OFFENCES\u201d FOR THE PURPOSES OF THIS ACT<\/a><\/li><\/ul><\/li><\/ul><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Public_Records_Common_Law\"><\/span>Public Records Common Law<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>There is a common law exception to the hearsay evidence rule for records containing matters of a public nature which are open for inspection and have been prepared by public officials under a duty to record information.\u00a0 A range of statutory instruments specifically provide for the admissibility of many such records, including various statutory registrars et cetera.<\/p>\n<p>A statement made in the course of duty by a person now deceased is admissible. Accordingly, statements made by holders and keepers of records who have duties to compile or record information of particular matters who are now dead are admissible.\u00a0 They must have the first-time knowledge of the particular matters recorded or registered.<\/p>\n<p>Business records may constitute hearsay.\u00a0 At common law, they may have been recorded by a person in the course of their employment who has a duty to do so, who may or may not have had first-time knowledge of the facts.\u00a0 Persons concerned are unlikely to recall any particular instance of recording which might later be in issue.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Business_Records\"><\/span>Business Records<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Criminal Evidence Act 1992 provides for the admission of business records.<\/p>\n<p>Information contained in a document shall be admissible in any criminal proceedings as evidence of any fact therein of which direct oral evidence would be admissible if the information\u2014<\/p>\n<ul>\n<li>was compiled in the ordinary course of a business,<\/li>\n<li>was supplied by a person (whether or not he so compiled it and is identifiable) who had, or may reasonably be supposed to have had, personal knowledge of the matters dealt with, and<\/li>\n<li>in the case of information in non-legible form that has been reproduced in permanent legible form, was reproduced in the course of the normal operation of the reproduction system concerned.<\/li>\n<\/ul>\n<p>The provision applies whether the information was supplied directly or indirectly but, if it was supplied indirectly, only if each person (whether or not he is identifiable) through whom it was supplied received it in the ordinary course of a business.<\/p>\n<p>Mechanically or electronically prepared evidence is admissible real evidence. \u00a0It does not require compilation by an identified person for the purpose of a duty.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Scope\"><\/span>Scope<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Information for the purpose of the section includes any representation of facts in words or otherwise.\u00a0 A business includes any trade, profession or other occupation carried on inside or outside the State.\u00a0 It may be for reward or otherwise.<\/p>\n<p>It includes functions performed on behalf of bodies paid for out of public monies, institutions of the EU, local authorities and international organizations.<\/p>\n<p>The exceptions do not apply where the person who compiled the information would have been compellable. The exception does not apply to information prepared for the purpose of or in contemplation of criminal investigations or criminal proceedings.<\/p>\n<p>A range of documents are specifically admissible including information given on oath District Court, maps, plans and drawings, handling records, transmission, receipts of the forensic science laboratory, records of registered medical practitioners regarding the examination of living or dead person, certain other matters.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Proved_by_Certificate\"><\/span>Proved by Certificate<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A person putting forward business records as evidence may give a certificate confirming that the information complies with the conditions. If is signed or purported to be signed by a person who occupies a position in relation to the management of the business, in the course of which the information was compiled or is otherwise in a position to give the certificate, the certificate is evidence of any matter state shall specify therein.<\/p>\n<p>The certificate is to state that the information was compiled in the ordinary course of the specified business, setting out that it is not within certain excepted categories either<\/p>\n<ul>\n<li>stating that the information was not compiled for the purpose of or on contemplation of an investigation or enquiry proceedings.<\/li>\n<li>stating that the information was supplied either directly or indirectly through an intermediary who or each of whom received that in the ordinary course of business, by a person who had or may reasonably be supposed to have had personal knowledge of the matters dealt with in the information and where the intermediaries or persons can be identified specifying them.<\/li>\n<li>In the case of information in non-legible form, that it is being reproduced in permanent legible form stating that the reproduction was done in the normal course of operation of a specified system.<\/li>\n<li>Where appropriate, stating that the person who supplied the information cannot reasonably be expected to have any or any adequate recollection of the matter dealt with in the information having regard to the time that it has elapsed since it was supplied or to any other specified circumstances.<\/li>\n<li>Unless the date on which the information was compiled is already shown in the document specifying the date or if it is not known, the approximate date on which it was compiled.<\/li>\n<li>Stating any other matter that is relevant to the admissibility in evidence of the information and is required by rules of court to be certified for the purpose of this provision.<\/li>\n<\/ul>\n<p>There is to be a certificate\u2014<\/p>\n<ul>\n<li>stating that the information was compiled in the ordinary course of a specified business,<\/li>\n<li>stating that it is not subject to certain proceedings.<\/li>\n<li>stating that the information was not compiled for the purpose of or on contemplation of an investigation enquiry proceedings<\/li>\n<li>either stating that the information was not compiled for the purposes or in contemplation of any investigation, inquiry or proceedings.<\/li>\n<li>stating that the information was supplied, either directly or, as the case may be, indirectly through an intermediary or intermediaries (who, or each of whom, received it in the ordinary course of a specified business), by a person who had, or may reasonably be supposed to have had, personal knowledge of the matters dealt with in the information and, where the intermediary, intermediaries or person can be identified, specifying them,<\/li>\n<li>in case the information is information in non-legible form that has been reproduced in permanent legible form, stating that the reproduction was effected in the course of the normal operation of a specified system,<\/li>\n<li>where appropriate, stating that the person who supplied the information cannot reasonably be expected to have any, or any adequate, recollection of the matters dealt with in the information, having regard to the time that has elapsed since he supplied it or to any other specified circumstances,<\/li>\n<li>unless the date on which the information was compiled is already shown on the document, specifying the date (or, if that date is not known, the approximate date) on which it was compiled,<\/li>\n<li>stating any other matter that is relevant to the admissibility in evidence of the information and is required by rules of court to be certified for the purposes of this subsection,<\/li>\n<\/ul>\n<p>and purporting to be signed by a person who occupies a position in relation to the management of the business in the course of which the information was compiled or who is otherwise in a position to give the certificate shall be evidence of any matter stated or specified therein.<\/p>\n<p>It shall be sufficient for a\u00a0matter to be stated or specified to the best of the knowledge and belief of the person stating or specifying it.<\/p>\n<p>This certificate is not necessary where the records may come within the ambit of another exception to the hearsay rule. \u00a0Where information is admissible in evidence by reason of the provision, but it is expressed in terms that are not intelligible to the average person without explanation of the information, it shall also be admissible in evidence if either given orally by a person who is competent to do so, or it is contained in a document which purports to be signed by such a person.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Serve_a_Notice\"><\/span>Serve a Notice<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A person putting forward the business record, must serve notice of his intention to do so on the other parties at least 21 days before trial.\u00a0 It must include a copy of the document and, where necessary, a certificate.\u00a0 It must be part of the book of evidence.<\/p>\n<p>Where a party objects to the business record being admitted, the trial judge shall require oral evidence to be given of any matters specified in the certificate.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Discretion_to_Exclude\"><\/span>Discretion to Exclude<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Notwithstanding the above exceptions to the hearsay evidence rule, the trial judge has the discretion to exclude evidence that would otherwise be admissible under statutory provisions where in his opinion, it is in the interest of justice to do so.<\/p>\n<p>This is to take into account<\/p>\n<ul>\n<li>whether or not, having regard to the content and source of the information, it is a reasonable inference that the information is reliable<\/li>\n<li>whether or not, having regard to the nature and source of the document with the information and to other circumstances that appear relevant, it is a reasonable inference that the information is authentic<\/li>\n<li>any risk having regard in particular to whether it is likely to be possible to controvert the information,<\/li>\n<li>where the person who supplied it does not attend to give oral evidence that its admission or exclusion would result in unfairness to the accused or if there is more than one, any one of them.<\/li>\n<\/ul>\n<p>The weight, if any, to be attached to information given in evidence by virtue of this Part, regard shall be had to all the circumstances from which any inference can reasonably be drawn as to its accuracy or otherwise.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Bankers_Book_Evidence\"><\/span>Banker&#8217;s Book Evidence<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Bankers Book Evidence Act allows for the admission of evidence contained in the book used in the ordinary course of banking.\u00a0 A copy entry is received as prima facie evidence of such entry and of the matters transactions and accounts therein recorded.\u00a0 The book must be an ordinary book of the bank in its custody and under its control, and the entry must be one which is made in the normal and usual course of its business.<\/p>\n<p>&nbsp;<\/p>\n<p><!--nextpage--><\/p>\n<h2>\nCRIMINAL JUSTICE ACT 2011<\/h2>\n<p>REVISED<\/p>\n<p>Updated to 1 November 2023<\/p>\n<p>AN ACT TO AMEND CRIMINAL LAW AND PROCEDURE RELATING TO THE INVESTIGATION AND PROSECUTION OF CERTAIN OFFENCES AND, FOR THAT PURPOSE, TO AMEND THE CRIMINAL JUSTICE ACT 1984 TO PROVIDE FOR THE SUSPENSION IN CERTAIN CIRCUMSTANCES OF THE DETENTION OF PERSONS DETAINED BY THE GARDA S\u00cdOCH\u00c1NA UNDER THAT ACT IN CONNECTION WITH THE INVESTIGATION OF SUCH OFFENCES; TO PROVIDE A POWER FOR JUDGES OF THE DISTRICT COURT TO ORDER PERSONS IN CERTAIN CIRCUMSTANCES TO PRODUCE DOCUMENTS OR PROVIDE INFORMATION OR BOTH FOR THE PURPOSES OF THE INVESTIGATION OF SUCH OFFENCES; TO AMEND THE CRIMINAL JUSTICE ACT 1984 TO MAKE FURTHER AND BETTER PROVISION FOR PERSONS DETAINED BY THE GARDA S\u00cdOCH\u00c1NA UNDER THAT ACT BETWEEN THE HOURS OF MIDNIGHT AND 8 A.M.; TO AMEND THAT ACT AND CERTAIN OTHER ENACTMENTS TO MAKE FURTHER AND BETTER PROVISION FOR CONSULTATION WITH A SOLICITOR BY PERSONS DETAINED BY THE GARDA S\u00cdOCH\u00c1NA UNDER THAT ACT AND THOSE ENACTMENTS IN CONNECTION WITH THE INVESTIGATION OF OFFENCES; TO PROVIDE FOR OFFENCES RELATING TO THE CONCEALMENT OF FACTS DISCLOSED BY DOCUMENTS AND THE WITHHOLDING OF INFORMATION IN CERTAIN CIRCUMSTANCES; AND TO PROVIDE FOR RELATED MATTERS.<\/p>\n<p>[2nd August, 2011]<\/p>\n<p>BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:<\/p>\n<p>PART 1<\/p>\n<p>Preliminary and General<\/p>\n<p>Short title and commencement.<\/p>\n<p>1.\u2014 (1) This Act may be cited as the Criminal Justice Act 2011.<\/p>\n<p>(2) This Act shall come into operation on such day or days as the Minister may by order or orders appoint either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.<\/p>\n<p>Annotations<\/p>\n<p>Editorial Notes:<\/p>\n<p>E1<br \/>\nPower pursuant to section exercised (9.08.2011) by Criminal Justice Act 2011 (Commencement) Order 2011 (S.I. No. 411 of 2011).<\/p>\n<p>2. The 9th day of August 2011 is appointed as the day on which the following provisions of the Criminal Justice Act 2011 (No. 22 of 2011) shall come into operation:<\/p>\n<p>(a) Part 1 (other than section 5);<\/p>\n<p>(b) sections 7 (other than paragraph (c)) and 8;<\/p>\n<p>(c) Part 3;<\/p>\n<p>(d) Schedules 1 and 2.<\/p>\n<h4>Interpretation.<\/h4>\n<p>2.\u2014 In this Act\u2014<\/p>\n<p>\u201cAct of 1984\u201d means the Criminal Justice Act 1984;<\/p>\n<p>\u201carrestable offence\u201d has the meaning it has in section 2 (as amended by section 8 of the Criminal Justice Act 2006) of the Criminal Law Act 1997;<\/p>\n<p>\u201cdocument\u201d includes information recorded in any form and any thing on or in which information is recorded and from which information can be extracted;<\/p>\n<p>\u201cenactment\u201d means a statute or an instrument made under a power conferred by statute;<\/p>\n<p>\u201cMinister\u201d means the Minister for Justice and Equality;<\/p>\n<p>\u201crelevant offence\u201d shall be construed in accordance with section 3.<\/p>\n<h4>Relevant offences for purposes of this Act.<\/h4>\n<p>3.\u2014 (1) In this Act a relevant offence means\u2014<\/p>\n<p>(a) an arrestable offence under a provision of an enactment, or at common law, specified in Schedule 1,<\/p>\n<p>(b) an arrestable offence under a provision of an enactment, or at common law, specified in an order made under subsection (2),<\/p>\n<p>(c) an offence consisting of aiding, abetting, counselling or procuring the commission of an offence specified in Schedule 1 or in an order made under subsection (2), or<\/p>\n<p>(d) an offence consisting of conspiring to commit, or inciting the commission of, an offence specified in Schedule 1 or in an order made under subsection (2).<\/p>\n<p>(2) The Minister may by order specify as a relevant offence an arrestable offence under a provision of an enactment, or at common law, relating to any of the following areas, namely\u2014<\/p>\n<p>(a) banking, investment of funds and other financial activities,<\/p>\n<p>(b) company law,<\/p>\n<p>(c) money laundering and financing terrorism,<\/p>\n<p>(d) theft and fraud,<\/p>\n<p>(e) bribery and corruption,<\/p>\n<p>(f) competition and consumer protection,<\/p>\n<p>(g) criminal acts involving the use of electronic communication networks and information systems or against such networks or systems or both, or<\/p>\n<p>(h) the raising and collection of taxes and duties,<\/p>\n<p>if the Minister considers that it is proper to do so and he or she is of opinion that the powers conferred by this Act in relation to the investigation of relevant offences are necessary for the investigation of such an offence by reason of the nature of the offence concerned and the prolonged period of time that is generally required for the investigation of such an offence as a result of the complexity that generally arises in such an investigation due to any one or more of the following factors, namely\u2014<\/p>\n<p>(i) the number of witnesses,<\/p>\n<p>(ii) the volume of documents,<\/p>\n<p>(iii) the wide distribution and proliferation of documents arising from the use of electronic means of communication,<\/p>\n<p>(iv) the number of transactions,<\/p>\n<p>(v) the complexity of transactions, or<\/p>\n<p>(vi) other factor,<\/p>\n<p>that may be expected to be involved.<\/p>\n<p>(3) An order under subsection (2) shall only be made after consultation by the Minister with any other Minister of the Government who, in the opinion of the Minister, having regard to the functions of that other Minister of the Government under the enactment concerned or in relation to the offence at common law concerned, ought to be consulted.<\/p>\n<h4>Orders and regulations.<\/h4>\n<p>4.\u2014 (1) Regulations under this Act may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary for the purposes of the regulations.<\/p>\n<p>(2) Every order under section 3(2), or regulation under this Act, shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order or regulation is passed by either such House within the next 21 days on which that House has sat after the order or regulation is laid before it, the order or regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.<\/p>\n<p>Repeals.<\/p>\n<p>5.\u2014 Sections 47 and 52 of the Criminal Justice (Miscellaneous Provisions) Act 2009 are repealed.<\/p>\n<p>Expenses.<\/p>\n<p>6.\u2014 The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.<\/p>\n<p>&nbsp;<\/p>\n<p>PART 3<\/p>\n<p>Provisions relating to Documents and Information<\/p>\n<h4>Order to produce documents or provide information.<\/h4>\n<p>15.\u2014 (1) For the purposes of the investigation of a relevant offence, a member of the Garda S\u00edoch\u00e1na may apply to a judge of the District Court for an order under this section in relation to\u2014<\/p>\n<p>(a) the making available by a person of any particular documents or documents of a particular description, or<\/p>\n<p>(b) the provision by a person of particular information by answering questions or making a statement containing the information,<\/p>\n<p>or both.<\/p>\n<p>(2) On an application under subsection (1), a judge of the District Court, if satisfied by information on oath of the member of the Garda S\u00edoch\u00e1na making the application that\u2014<\/p>\n<p>(a) there are reasonable grounds for suspecting that a person has possession or control of particular documents or documents of a particular description,<\/p>\n<p>(b) there are reasonable grounds for believing that the documents are relevant to the investigation of the relevant offence concerned,<\/p>\n<p>(c) there are reasonable grounds for suspecting that the documents (or some of them) may constitute evidence of or relating to the commission of that offence, and<\/p>\n<p>(d) there are reasonable grounds for believing that the documents should be produced or that access to them should be given, having regard to the benefit likely to accrue to the investigation and any other relevant circumstances,<\/p>\n<p>may order the person to\u2014<\/p>\n<p>(i) produce the documents to a member of the Garda S\u00edoch\u00e1na for the member to take away and, if the judge considers it appropriate, to identify and categorise the documents to be so produced in the particular manner (if any) sought in the application or in such other manner as the judge may direct and to produce the documents in that manner, or<\/p>\n<p>(ii) give such a member access to them,<\/p>\n<p>either immediately or within such period as the order may specify.<\/p>\n<p>(3) On an application under subsection (1), a judge of the District Court, if satisfied by information on oath of the member of the Garda S\u00edoch\u00e1na making the application that\u2014<\/p>\n<p>(a) there are reasonable grounds for suspecting that a person has information which he or she has failed or refused without reasonable excuse to give to the Garda S\u00edoch\u00e1na having been requested to do so,<\/p>\n<p>(b) there are reasonable grounds for believing that the information is relevant to the investigation of the relevant offence concerned,<\/p>\n<p>(c) there are reasonable grounds for suspecting that the information (or some of it) may constitute evidence of or relating to the commission of that offence, and<\/p>\n<p>(d) there are reasonable grounds for believing that the information should be provided, having regard to the benefit likely to accrue to the investigation and any other relevant circumstances,<\/p>\n<p>may, subject to subsection (4), order the person to\u2014<\/p>\n<p>(i) provide the information to a member of the Garda S\u00edoch\u00e1na by answering the questions specified in the application or making a statement setting out the answers to those questions or both, and<\/p>\n<p>(ii) make a declaration of the truth of the answers to such questions,<\/p>\n<p>either immediately or within such period as the order may specify.<\/p>\n<p>(4) The references in subsections (1)(b) and (3) to information that may be the subject of an order under this section are references to information that the person concerned has obtained in the ordinary course of business.<\/p>\n<p>(5) An order under this section relating to documents in any place may, on the application of the member of the Garda S\u00edoch\u00e1na concerned under subsection (1), require any person, being a person who appears to the judge of the District Court to be entitled to grant entry to the place, to allow a member of the Garda S\u00edoch\u00e1na to enter it so as to obtain access to the documents.<\/p>\n<p>(6) Where the documents concerned are not in legible form, an order under this section shall have effect as an order\u2014<\/p>\n<p>(a) to give to a member of the Garda S\u00edoch\u00e1na any password necessary to make the documents legible and comprehensible,<\/p>\n<p>(b) otherwise to enable the member of the Garda S\u00edoch\u00e1na to examine the documents in a form in which they are legible and comprehensible, or<\/p>\n<p>(c) to produce the documents to the member of the Garda S\u00edoch\u00e1na in a form in which they can be removed and in which they are, or can be made, legible and comprehensible.<\/p>\n<p>(7) An order under this section\u2014<\/p>\n<p>(a) in so far as it may empower a member of the Garda S\u00edoch\u00e1na to take away a document, or to be given access to it, shall also have effect as an order empowering the member to make a copy of the document and to take the copy away,<\/p>\n<p>(b) shall not confer any right to production of, or access to, any document subject to legal professional privilege, and<\/p>\n<p>(c) shall have effect notwithstanding any other obligation as to secrecy or other restriction on disclosure of information imposed by statute or otherwise.<\/p>\n<p>(8) (a) Where a document is, or may be, taken away by a member of the Garda S\u00edoch\u00e1na pursuant to an order under this section, any person to whom the order relates, or who is affected by the order, may request the member of the Garda S\u00edoch\u00e1na to permit the person to retain the document, or to have it returned to the person, while the member takes or retains a copy of it.<\/p>\n<p>(b) The member of the Garda S\u00edoch\u00e1na concerned may accede to a request under paragraph (a) but only if he or she is satisfied that\u2014<\/p>\n<p>(i) the document is required by the person for the purposes of his or her business or for some other legitimate purpose, and<\/p>\n<p>(ii) the person undertakes in writing\u2014<\/p>\n<p>(I) to keep the document safely and securely, and<\/p>\n<p>(II) when requested by the Garda S\u00edoch\u00e1na to do so, to furnish it to the Garda S\u00edoch\u00e1na in connection with any criminal proceedings for which it is required.<\/p>\n<p>(c) A failure or refusal by a person to comply with an undertaking given by him or her under paragraph (b) (ii) shall not prejudice the admissibility in evidence in any criminal proceedings of a copy of the document concerned.<\/p>\n<p>(9) Any documents taken away by a member of the Garda S\u00edoch\u00e1na pursuant to an order under this section may be retained by the member for use as evidence in any criminal proceedings.<\/p>\n<p>(10) A statement or admission made by a person pursuant to an order under this section shall not be admissible as evidence in proceedings brought against the person for an offence (other than an offence under subsection (15), (16) or (17)).<\/p>\n<p>(11) (a) An order under this section providing that documents be produced, or that access to them be given, by a person may, if the judge of the District Court considers it appropriate to do so, require the person to furnish a certificate to a member of the Garda S\u00edoch\u00e1na affirming\u2014<\/p>\n<p>(i) the authenticity of the documents, and<\/p>\n<p>(ii) in the case of documents in non-legible form that are reproduced in legible form, the system and manner of that reproduction,<\/p>\n<p>either when the documents are produced, or access to them is given, or at such time thereafter as may be specified in the order.<\/p>\n<p>(b) The Minister may by regulations made under this subsection specify the manner in which documents of different types or classes, or copies of them, may be authenticated.<\/p>\n<p>(12) Where a person who produces documents pursuant to an order under this section claims a lien on those documents or some of them, the production shall be without prejudice to the lien.<\/p>\n<p>(13) A judge of the District Court may, on the application of any person to whom an order under this section relates or a member of the Garda S\u00edoch\u00e1na, vary or discharge the order.<\/p>\n<p>(14) A judge of the District Court may, on the application of any person who is affected by an order under this section whose request for the return of documents under subsection (8) has not been acceded to, make an order regarding the return of the documents concerned to that person if the judge considers it appropriate to do so subject to such conditions (if any) as the judge may direct.<\/p>\n<p>(15) A person who without reasonable excuse fails or refuses to comply with an order under this section shall be guilty of an offence and shall be liable\u2014<\/p>\n<p>(a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months or both, or<\/p>\n<p>(b) on conviction on indictment, to a fine or imprisonment for a term not exceeding 2 years or both.<\/p>\n<p>(16) A person who, in purported compliance with an order under this section provides information or makes a statement which is false or misleading in a material particular knowing it to be so false or misleading, or being reckless as to whether it is so, shall be guilty of an offence and shall be liable\u2014<\/p>\n<p>(a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months or both, or<\/p>\n<p>(b) on conviction on indictment, to a fine or imprisonment for a term not exceeding 2 years or both.<\/p>\n<p>(17) A person who without reasonable excuse fails or refuses to comply with an undertaking given by him or her under subsection (8)(b)(ii) shall be guilty of an offence and shall be liable on summary conviction to a class A fine or imprisonment for a term not exceeding 12 months or both.<\/p>\n<p>(18) An application for an order under subsection (1) shall be made to a judge of the District Court who is assigned to the district court district in which the documents sought are located or the person from whom the documents or information are sought ordinarily resides or carries on any profession, business or occupation or, if that person is a company (within the meaning of the Companies Acts), the district court district in which the registered office of the company is situated or the company carries on any business.<\/p>\n<p>(19) Nothing in this section shall affect the operation of a provision in any other enactment under which a court may order a person to produce any documents to a member of the Garda S\u00edoch\u00e1na or any other person in connection with the investigation of an offence.<\/p>\n<h4>Privileged legal material.<\/h4>\n<p>16.\u2014 (1) In this section \u201cprivileged legal material\u201d means a document which, in the opinion of the court concerned, a person is entitled to refuse to produce or to give access to it on the grounds of legal professional privilege.<\/p>\n<p>(2) If a person refuses to produce a document or give access to it pursuant to an order of a judge of the District Court under section 15 on the grounds that the document is privileged legal material, a member of the Garda S\u00edoch\u00e1na may apply to a judge of that Court for a determination as to whether the document is privileged legal material.<\/p>\n<p>(3) A person who refuses to produce a document or give access to it pursuant to an order of a judge of the District Court under section 15 on the grounds that the document is privileged legal material may apply to a judge of the District Court for a determination as to whether the document is privileged legal material.<\/p>\n<p>(4) A person who refuses to produce a document or give access to it pursuant to an order of a judge of the District Court under section 15 on the grounds that the document is privileged legal material shall preserve the document and keep it in a safe and secure place pending the determination of an application under subsection (2) or (3) and shall, if it is so determined not to be privileged legal material, produce it in accordance with the order.<\/p>\n<p>(5) Pending the making of a final determination of an application under subsection (2) or (3), the judge of the District Court may give such interim or interlocutory directions as the judge considers appropriate including, without prejudice to the generality of the foregoing, in a case in which the volume of documents that are the subject of the application is substantial, directions as to the appointment of a person with suitable legal qualifications possessing the level of experience, and the independence from any interest falling to be determined between the parties concerned, that the judge considers to be appropriate for the purpose of\u2014<\/p>\n<p>(a) examining the documents, and<\/p>\n<p>(b) preparing a report for the judge with a view to assisting or facilitating the judge in the making by him or her of his or her determination as to whether the documents are privileged legal material.<\/p>\n<p>(6) An application under subsection (2), (3) or (5) may, if the judge of the District Court so directs, be heard otherwise than in public.<\/p>\n<p>(7) Notice of an application under subsection (2) shall be served on the person to whom the order concerned relates and notice of an application under subsection (3) shall be served on the member of the Garda S\u00edoch\u00e1na who seeks to compel the production of the document concerned or to be given access to it.<\/p>\n<p>(8) An appeal against the determination of a judge of the District Court under this section shall lie to the Circuit Court and no further appeal shall lie from an order of the Circuit Court made on an appeal under this section.<\/p>\n<p>(9) Rules of court may make provision for the expeditious hearing of applications to a judge of the District Court, and any appeals against the determinations of such a judge, under this section.<\/p>\n<p>(10) The Minister may make regulations for the purposes of this section relating to the awarding, and payment, of costs to or by any party pursuant to an application or an appeal under this section.<\/p>\n<h4>Concealing facts disclosed by documents.<\/h4>\n<p>17.\u2014 (1) Any person who\u2014<\/p>\n<p>(a) knows or suspects that an investigation by the Garda S\u00edoch\u00e1na into a relevant offence, other than an offence to which section 51 of the Criminal Justice (Theft and Fraud Offences) Act 2001 applies, is being or is likely to be carried out, and<\/p>\n<p>(b) falsifies, conceals, destroys or otherwise disposes of a document or record which he or she knows or suspects is or would be relevant to the investigation or causes or permits its falsification, concealment, destruction or disposal,<\/p>\n<p>shall be guilty of an offence.<\/p>\n<p>(2) Where a person\u2014<\/p>\n<p>(a) falsifies, conceals, destroys or otherwise disposes of a document, or<\/p>\n<p>(b) causes or permits its falsification, concealment, destruction or disposal,<\/p>\n<p>in such circumstances that it is reasonable to conclude that the person knew or suspected\u2014<\/p>\n<p>(i) that an investigation by the Garda S\u00edoch\u00e1na into a relevant offence, other than an offence to which section 51 of the Criminal Justice (Theft and Fraud Offences) Act 2001 applies, was being or was likely to be carried out, and<\/p>\n<p>(ii) that the document was or would be relevant to the investigation,<\/p>\n<p>he or she shall be taken for the purposes of this section to have so known or suspected, unless the court or the jury, as the case may be, is satisfied having regard to all the evidence that there is a reasonable doubt as to whether he or she so knew or suspected.<\/p>\n<p>(3) A person guilty of an offence under this section shall be liable\u2014<\/p>\n<p>(a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months or both, or<\/p>\n<p>(b) on conviction on indictment, to a fine or imprisonment for a term not exceeding 5 years or both.<\/p>\n<p>(4) This section shall not affect the operation of section 51 of the Criminal Justice (Theft and Fraud Offences) Act 2001 insofar as that section applies to offences that are relevant offences.<\/p>\n<h4>Presumptions relating to documents.<\/h4>\n<p>18.\u2014 (1) The presumptions provided for in subsections (2) and (3) shall apply in any proceedings for a relevant offence in relation to information contained in a document (within the meaning of this Act) to which section 5 of the Criminal Evidence Act 1992 applies or would apply if the document were reproduced in permanent legible form.<\/p>\n<p>(2) Where a document purports to have been created by a person in circumstances in which it is reasonable to presume that it was created by that person it shall be presumed, unless the contrary is shown, that the document was created by that person and, in those circumstances, that any statement contained therein, unless the document expressly or by implication attributes its making to some other person, was made by that person.<\/p>\n<p>(3) Where a document purports to have been\u2014<\/p>\n<p>(a) created by a person in circumstances in which it is reasonable to presume that it was created by that person, and<\/p>\n<p>(b) addressed and sent to a second person in circumstances in which it is reasonable to presume that it was so addressed and sent by the first person,<\/p>\n<p>it shall be presumed, unless the contrary is shown, that the document was created and sent by the first person and received by the second person, and that any statement contained therein\u2014<\/p>\n<p>(i) unless the document expressly or by implication attributes its making to some other person, was made by the first person, and<\/p>\n<p>(ii) came to the notice of the second person.<\/p>\n<p>(4) Where a document is found in any place that is occupied by any person for the purposes of a trade, profession or other activity that is carried on by that person in circumstances in which it is reasonable to presume that the document is the property of that person, then, in any proceedings for a relevant offence, the document shall be presumed, unless the contrary is shown, to be the property of that person.<\/p>\n<p>(5) Where a trade, profession or other activity is carried on by any person at a particular place, a document that is found at that place in circumstances in which it is reasonable to presume that the document relates to that trade, profession or, as the case may be, other activity carried on by that person shall, in any proceedings for a relevant offence, be presumed, unless the contrary is shown, to be a document which relates to that trade, profession or, as the case may be, other activity, carried on by that person.<\/p>\n<h4>Withholding information.<\/h4>\n<p>19.\u2014 (1) A person shall be guilty of an offence if he or she has information which he or she knows or believes might be of material assistance in\u2014<\/p>\n<p>(a) preventing the commission by any other person of a relevant offence, or<\/p>\n<p>(b) securing the apprehension, prosecution or conviction of any other person for a relevant offence,<\/p>\n<p>and fails without reasonable excuse to disclose that information as soon as it is practicable to do so to a member of the Garda S\u00edoch\u00e1na.<\/p>\n<p>(2) A person guilty of an offence under this section shall be liable\u2014<\/p>\n<p>(a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months or both, or<\/p>\n<p>(b) on conviction on indictment, to a fine or imprisonment for a term not exceeding 5 years or both.<\/p>\n<h4>Protection for employees from penalisation for disclosing information relating to relevant offences.<\/h4>\n<p>20.\u2014 (1) An employer shall not penalise or threaten penalisation against an employee, or cause or permit any other person to penalise or threaten penalisation against an employee\u2014<\/p>\n<p>(a) for making a disclosure or for giving evidence in relation to such disclosure in any proceedings relating to a relevant offence, or<\/p>\n<p>(b) for giving notice of his or her intention to do so.<\/p>\n<p>F4[(1A) Subsection (1) does not apply to the making of a disclosure that is a protected disclosure within the meaning of the Protected Disclosures Act 2014.]<\/p>\n<p>(2) Schedule 2 shall have effect in relation to an alleged contravention of subsection (1).<\/p>\n<p>(3) Nothing in paragraphs (a), (c), (d), (e) and (f) of the definition of \u201cpenalisation\u201d shall be construed in a manner which prevents an employer from\u2014<\/p>\n<p>(a) ensuring that the business concerned is carried on in an efficient manner, or<\/p>\n<p>(b) taking any action required for economic, technical or organisational reasons.<\/p>\n<p>(4) (a) If penalisation of an employee, in contravention of subsection (1), constitutes a dismissal of the employee, as referred to in paragraph (a) of the definition of \u201cpenalisation\u201d, the employee (or, in the case of an employee who has not reached the age of 18 years, the employee\u2019s parent or guardian, with his or her consent) may institute proceedings in respect of that dismissal under the Unfair Dismissals Acts 1977 to 2007 or to recover damages at common law for wrongful dismissal and, if the employee or his or her parent or guardian, as the case may be, does so, a complaint of such dismissal may not be presented to a rights commissioner under paragraph 1(1) of Schedule 2.<\/p>\n<p>(b) If an employee (or, in the case of an employee who has not reached the age of 18 years, the employee\u2019s parent or guardian, with his or her consent) presents a complaint to a rights commissioner under paragraph 1(1) of Schedule 2 in respect of a dismissal referred to in paragraph (a), the employee or his or her parent or guardian, as the case may be, may not institute proceedings in respect of that dismissal under the Unfair Dismissals Acts 1977 to 2007 or to recover damages at common law for wrongful dismissal.<\/p>\n<p>(5) For the purposes of this section and Schedule 2, a reference to \u201cdismissal\u201d includes\u2014<\/p>\n<p>(a) a dismissal within the meaning of the Unfair Dismissals Acts 1977 to 2007, and<\/p>\n<p>(b) a dismissal wholly or partly for or connected with the purpose of the avoidance of a fixed-term contract being deemed to be a contract of indefinite duration under section 9(3) of the Protection of Employees (Fixed-Term Work) Act 2003.<\/p>\n<p>(6) In this section, section 21 and in Schedule 2\u2014<\/p>\n<p>\u201ccontract of employment\u201d means a contract of employment or of service or of apprenticeship, whether the contract is express or implied and, if express, whether it is oral or in writing;<\/p>\n<p>\u201cdisclosure\u201d, in relation to an employee, means a disclosure by the employee to a member of the Garda S\u00edoch\u00e1na of information which he or she knows or believes might be of material assistance in\u2014<\/p>\n<p>(a) preventing the commission by any other person of a relevant offence, or<\/p>\n<p>(b) securing the apprehension, prosecution or conviction of any other person for a relevant offence;<\/p>\n<p>\u201cemployee\u201d means a person who has entered into or works under (or, where the employment has ceased, entered into or worked under) a contract of employment and references, in relation to an employer, to an employee shall be construed as references to an employee employed by that employer;<\/p>\n<p>\u201cemployer\u201d, in relation to an employee, means the person with whom the employee has entered into or for whom the employee works under (or, where the employment has ceased, entered into or worked under) a contract of employment, and includes\u2014<\/p>\n<p>(a) a person (other than an employee of that person) under whose control and direction an employee works, and<\/p>\n<p>(b) where appropriate, the successor of the employer or an associated employer of the employer;<\/p>\n<p>\u201cpenalisation\u201d means any act or omission by an employer, or by a person acting on behalf of an employer, that affects an employee to his or her detriment with respect to any term or condition of his or her employment, and, without prejudice to the generality of the foregoing, includes\u2014<\/p>\n<p>(a) suspension, lay-off or dismissal,<\/p>\n<p>(b) the threat of suspension, lay-off or dismissal,<\/p>\n<p>(c) demotion or loss of opportunity for promotion,<\/p>\n<p>(d) transfer of duties, change of location of place of work, reduction in wages or change in working hours,<\/p>\n<p>(e) the imposition or the administering of any discipline, reprimand or other penalty (including a financial penalty),<\/p>\n<p>(f) unfair treatment,<\/p>\n<p>(g) coercion, intimidation or harassment,<\/p>\n<p>(h) discrimination, disadvantage or adverse treatment,<\/p>\n<p>(i) injury, damage or loss, and<\/p>\n<p>(j) threats of reprisal.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F4<br \/>\nInserted (15.07.2014) by Protected Disclosures Act 2014 (14\/2014), s. 24(1) and sch. 4 part 1 item 13, S.I. No. 327 of 2014.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E2<br \/>\nRedress and appeal procedures in respect of requirements in subs. (1) provided (1.10.2015) by Workplace Relations Act 2015 (16\/2015), ss. 41, 44 and sch. 5 part 1 ref. 23, sch. 6 part 1 item 29 and sch. 6 part 2 item 29, S.I. No. 410 of 2015, as last amended (1.08.2016) by Paternity Leave and Benefit Act 2016 (11\/2016), s. 37, S.I. No. 435 of 2016.<\/p>\n<p>E3<br \/>\nSubs. (1) included in definitions of \u201cemployment enactment\u201d and \u201crelevant enactment\u201d (1.08.2015) by Workplace Relations Act 2015 (16\/2015), s. 2 and sch. 1 part 2 item 14, S.I. No. 338 of 2015, with the following effects:<\/p>\n<p>\u2022 Authorised officers or inspectors under employment enactments deemed to be appointed under Workplace Relations Act 2015 (16\/2015), s. 26(2) and subject to termination under s. 26(4).<\/p>\n<p>\u2022 Powers of inspectors for purposes of relevant enactments defined in Workplace Relations Act 2015 (16\/2015), s. 27.<\/p>\n<p>\u2022 Workplace Relations Commission, an inspector or an adjudication officer authorised to disclose employer\u2019s registered number or employee\u2019s PPSN to enable Labour Court to perform functions under relevant enactments by Workplace Relations Act 2015 (16\/2015) s. 31(5).<\/p>\n<p>\u2022 Power of Workplace Relations Commission and official body to disclose information to each other concerning the commission of offence under relevant enactment provided by Workplace Relations Act 2015 (16\/2015), s. 32.<\/p>\n<p>\u2022 Power of Workplace Relations Commission and contracting authority to disclose information to each other concerning the commission of offence under employment enactment\/ relevant enactment provided by Workplace Relations Act 2015 (16\/2015), s. 33.<\/p>\n<p>\u2022 Powers of Minister to prosecute under relevant enactments transferred to Workplace Relations Commission and references construed by Workplace Relations Act 2015 (16\/2015), s. 37, as amended (8.02.2016) by Credit Guarantee (Amendment) Act 2016 (1\/2016), s. 19(a), commenced on enactment.<\/p>\n<p>\u2022 Functions of EAT to hear claims under employment enactments transferred to Workplace Relations Commission and references to EAT construed by Workplace Relations Act 2015 (16\/2015) s. 66(1), (2), not commenced as of date of revision.<\/p>\n<h4>Offences, etc.<\/h4>\n<p>21.\u2014 (1) An employee who makes a disclosure knowing it to be false or being reckless as to whether it is false shall be guilty of an offence.<\/p>\n<p>F5[(1A) Subsection (1) does not apply to the making of a disclosure that is a protected disclosure within the meaning of the Protected Disclosures Act 2014.]<\/p>\n<p>(2) An employer who contravenes section 20(1) shall be guilty of an offence.<\/p>\n<p>(3) A person who, upon examination on oath or affirmation authorised under paragraph 2(7) of Schedule 2, wilfully makes any statement which is material for that purpose and which the person knows to be false or does not believe to be true shall be guilty of an offence.<\/p>\n<p>(4) A person to whom a notice under paragraph 2(8) of Schedule 2 has been given and who refuses or wilfully neglects to attend in accordance with the notice or who, having so attended, refuses to give evidence or refuses or wilfully fails to produce any document to which the notice relates shall be guilty of an offence.<\/p>\n<p>(5) A person guilty of an offence under subsection (1) or (2) shall be liable\u2014<\/p>\n<p>(a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months or both, or<\/p>\n<p>(b) on conviction on indictment, to a fine or imprisonment for a term not exceeding 2 years or both.<\/p>\n<p>(6) A person guilty of an offence under subsection (3) shall be liable on summary conviction to a class A fine or imprisonment for a term not exceeding 12 months or both.<\/p>\n<p>(7) A person guilty of an offence under subsection (4) shall be liable on summary conviction to a class A fine.<\/p>\n<p>(8) A document purporting to be signed by the chairperson or a deputy chairperson of the Labour Court stating that\u2014<\/p>\n<p>(a) a person named in the document was, by a notice under paragraph 2(8) of Schedule 2, required to attend before the Labour Court on a day and at a time and place specified in the document, to give evidence or produce a document, or both,<\/p>\n<p>(b) a sitting of the Labour Court was held on that day and at that time and place, and<\/p>\n<p>(c) the person did not attend before the Labour Court in pursuance of the notice or, as the case may be, having so attended, refused to give evidence or refused or wilfully failed to produce the document,<\/p>\n<p>shall, in a prosecution of the person under subsection (4), be evidence of the matters so stated without further proof unless the contrary is shown.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F5<br \/>\nInserted (15.07.2014) by Protected Disclosures Act 2014 (14\/2014), s. 24(1) and sch. 4 part 1 item 13, S.I. No. 327 of 2014.<\/p>\n<h4>Liability for offences by bodies corporate.<\/h4>\n<p>22.\u2014 (1) Where an offence under this Act is committed by a body corporate and it is proved that the offence was committed with the consent or connivance, or was attributable to any wilful neglect, of a person who was a director, manager, secretary or other officer of the body corporate, or a person purporting to act in that capacity, that person, as well as the body corporate, shall be guilty of an offence and may be proceeded against and punished as if he or she were guilty of the first-mentioned offence.<\/p>\n<p>(2) Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director or manager of the body corporate.<\/p>\n<p>SCHEDULE 1<\/p>\n<h4>\u201cRELEVANT OFFENCES\u201d FOR THE PURPOSES OF THIS ACT<\/h4>\n<p>Section 3.<\/p>\n<p>Offences relating to banking, investment of funds and other financial activities<\/p>\n<p>1. An offence under section 58 of the Central Bank Act 1971 insofar as it relates to a contravention of section 17, 18, 23, 24 or 25 of that Act.<\/p>\n<p>2. An offence under section 37(6) or 41(1) of the Insurance Act 1989.<\/p>\n<p>3. An offence under section 20(4) or 24(4) of the Trustee Savings Banks Act 1989.<\/p>\n<p>4. An offence under section 11(3) or 13(5) of the Unit Trusts Act 1990.<\/p>\n<p>5. An offence under section 25(5) or 27(4), or subsection (7) or (8) of section 35, of the Investment Limited Partnerships Act 1994.<\/p>\n<p>6. An offence under section 10(16), 19(1)(b), 30, 34, 35(4), 46(2), 54(6), 56(9), subsection (3), (5), (6) or (9) of section 52 or subsection (7) or (8) of section 79, of the Investment Intermediaries Act 1995.<\/p>\n<p>7. An offence under section 12(2) of the Consumer Credit Act 1995 insofar as it relates to a contravention of subsection (1) or (3) of section 97, or section 101, 102 or 127, of that Act.<\/p>\n<p>8. An offence under section 29(3), or subsection (7) or (8) of section 43, of the Investor Compensation Act 1998.<\/p>\n<p>9. An offence under section 14(3) or 15(2) of the Investment Funds, Companies and Miscellaneous Provisions Act 2005.<\/p>\n<p>10. An offence under section 5(2) of the Markets in Financial Instruments and Miscellaneous Provisions Act 2007 insofar as it relates to\u2014<\/p>\n<p>(a) a failure to discharge a duty to which a person is subject under Regulation 40(1) or 112(1) of the European Communities (Markets in Financial Instruments) Regulations 2007 (S.I. No. 60 of 2007), or<\/p>\n<p>(b) a contravention of Regulation 19, 52, 159 or 187B of those Regulations.<\/p>\n<p>11. An offence under Regulation 20(2), 22(4), 58(9), 59(8), 60(6), 62(4) or 76(1) of the European Communities (Reinsurance) Regulations 2006 (S.I. No. 380 of 2006).<\/p>\n<p>12. An offence under section 7 of the National Asset Management Agency Act 2009 insofar as it relates to a person other than a credit institution (within the meaning of that Act).<\/p>\n<p>13. An offence under section 48 of the Central Bank Reform Act 2010.<\/p>\n<p>Company law offences<\/p>\n<p>14. An offence under section 60(15), 295 or 297, or under paragraph (a), (d), (e), (f), (g), (i), (j), (k), (l), (m), (n), (o) or (p) of section 293(1), of the Companies Act 1963.<\/p>\n<p>15. An offence under any of the following provisions of the Companies (Amendment) Act 1986:<\/p>\n<p>(a) section 22(1)(a) (insofar as it relates to a failure to comply with section 5 or 16 of that Act),<\/p>\n<p>(b) section 22(2) (insofar as it relates to a failure to take all reasonable steps to secure compliance with the requirements of section 3 of that Act or a failure to comply with section 13 of that Act), or<\/p>\n<p>(c) section 22(3).<\/p>\n<p>16. An offence under section 197, 202(10), 242 or 243(1) of the Companies Act 1990.<\/p>\n<p>17. An offence under section 37(1) of the Companies (Amendment) (No. 2) Act 1999.<\/p>\n<p>18. An offence under section 48 of the Investment Funds, Companies and Miscellaneous Provisions Act 2005.<\/p>\n<p>19. An offence under Regulation 5 or 6 of the Market Abuse (Directive 2003\/6\/EC) Regulations 2005 (S.I. No. 342 of 2005).<\/p>\n<p>20. An offence under Regulation 76(4) of the Transparency (Directive 2004\/109\/EC) Regulations 2007 (S.I. No. 277 of 2007).<\/p>\n<p>Money laundering and terrorist offences<\/p>\n<p>21. An offence under section 7, 8, 9, 10, 35, 37, 38, 42 or 49 of the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010.<\/p>\n<p>22. An offence under section 13 of the Criminal Justice (Terrorist Offences) Act 2005.<\/p>\n<p>Theft and fraud offences, etc.<\/p>\n<p>23. An offence under section 4, 6, 7, 9, 10, 11, 15, 17, 18, 25, 26, 27, 28, 29, 33, 34, 35, 36, 37, 38, F6[38A,] 42, F7[42A,] 43, 44, 45 or 51 of the Criminal Justice (Theft and Fraud Offences) Act 2001.<\/p>\n<p>24. Conspiracy to defraud at common law.<\/p>\n<p>25. An offence under section 119 of the Registration of Title Act 1964.<\/p>\n<p>26. An offence under section 17.<\/p>\n<p>Bribery and corruption offences<\/p>\n<p>27. An offence under section 1 of the Prevention of Corruption Act 1906.<\/p>\n<p>28. An offence under section 7 or 8 of the Prevention of Corruption (Amendment) Act 2001.<\/p>\n<p>F8[28A. An offence under section 5, 6, 7, 8, F9[9, 10 or 12] of the Criminal Justice (Corruption Offences) Act 2018.]<\/p>\n<p>Consumer protection offence<\/p>\n<p>29. An offence under section 65 of the Consumer Protection Act 2007.<\/p>\n<p>Criminal damage to property offences<\/p>\n<p>F10[30. An offence under section 2, 3 or 4 of the Criminal Damage Act 1991\u2014<\/p>\n<p>(a) that occurred before the commencement of section 15 of the Criminal Justice (Offences Relating to Information Systems) Act 2017, and<\/p>\n<p>(b) in so far as the offence relates to data (within the meaning of the Criminal Damage Act 1991 as that Act was in force before that commencement) or a storage medium in which such data are kept.<\/p>\n<p>30A. An offence under section 2, 3, 4, 5 or 6 of the Criminal Justice (Offences Relating to Information Systems) Act 2017 in so far as the offence relates to data (within the meaning of that Act).]<\/p>\n<p>F11[Competition offence<\/p>\n<p>31. An offence under section 6 of the Competition Act 2002, that is an offence involving an agreement, decision or concerted practice to which subsection (2) of that section applies.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F6<br \/>\nInserted (3.08.2021) by Counterfeiting Act 2021 (16\/2021), s.32, S.I. No. 404 of 2021.<\/p>\n<p>F7<br \/>\nInserted (14.04.2021) by Criminal Justice (Theft and Fraud Offences) (Amendment) Act 2021 (2\/2021), s. 10, S.I. No. 167 of 2021.<\/p>\n<p>F8<br \/>\nInserted (30.07.2018) by Criminal Justice (Corruption Offences) Act 2018 (9\/2018), s. 28, S.I. No. 298 of 2018.<\/p>\n<p>F9<br \/>\nSubstituted (1.11.2023) by Criminal Justice (Miscellaneous Provisions) Act 2023 (24\/2023), s. 79, S.I. No. 525 of 2023.<\/p>\n<p>F10<br \/>\nSubstituted and inserted (12.06.2017) by Criminal Justice (Offences Relating to Information Systems) Act 2017 (11\/2017), s. 15, S.I. No. 249 of 2017.<\/p>\n<p>F11<br \/>\nInserted (31.10.2014) by Competition and Consumer Protection Act 2014 (29\/2014), s. 90, S.I. No. 366 of 2014.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E4<br \/>\nActs in paras. 27, 28 repealed (30.07.2018) by Criminal Justice (Corruption Offences) Act 2018 (9\/2018), s. 4 and sch. 2, S.I. No. 298 of 2018.<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-27777\" data-postid=\"27777\" class=\"themify_builder_content themify_builder_content-27777 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>Public Records Common Law There is a common law exception to the hearsay evidence rule for records containing matters of a public nature which are open for inspection and have been prepared by public officials under a duty to record information.\u00a0 A range of statutory instruments specifically provide for the admissibility of many such records, [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[69],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/27777"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=27777"}],"version-history":[{"count":9,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/27777\/revisions"}],"predecessor-version":[{"id":33791,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/27777\/revisions\/33791"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=27777"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=27777"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=27777"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}