IE-2017-act-25 — Independent Reporting Commission Act 2017

Interpretation 1. (1) In this Act— ‘‘Agreement’’ means the Agreement between the Government and the Government of the United Kingdom establishing the Independent Reporting Commission, done at Dublin on 13 September 2016; ‘‘Commission’’ means the Independent Reporting Commission established by those Governments under the Agreement; ‘‘Minister’’ means the Minister for Justice and Equality; ‘‘Secretary of State’’ means Secretary of State in the Government of the United Kingdom; ‘‘United Kingdom’’ means the United Kingdom of Great Britain and Northern Ireland. (2) In this Act a reference to a numbered Article is a reference to the Article so numbered of the Agreement. (3) For convenience of reference the text of the Agreement is set out in the Schedule . Status of Commission 2. (1) The Commission shall be independent in the performance of its functions. (2) The Commission shall be recognised as, and as having all the attributes of, a body corporate, including perpetual succession, the power to acquire, hold and dispose of land or other property and the power to sue. (3) The Commission may be sued in its corporate name. Objective and functions of Commission 3. (1) The objective and functions of the Commission are as set out in Articles 3 to 5. (2) The arrangements specified in Articles 6 and 10 apply in relation to the Commission. Provision of services to Commission 4. In accordance with and to the extent provided for in Article 8, such moneys, premises, facilities and services (including staff) as may be necessary for the proper functioning of the Commission shall be provided by the Minister. Immunities and privileges 5. (1) Subject to section 6 — (a) the Commission has immunity from suit and legal process, (b) its official archives and premises have the same inviolability as that accorded to the official archives and premises of a diplomatic mission, and (c) the importation and exportation of goods imported or exported by or on behalf of the Commission and necessary for performing its functions are exempt from any prohibitions or restrictions. (2) Subject to section 6 — (a) members and staff of the Commission have immunity from suit and legal process in respect of things done or omitted to be done by them when performing their functions. (b) unless he or she is resident in the State for income tax purposes, the emoluments of a member of the Commission shall be— (i) exempt from income tax, but may be taken into account in assessing the amount of income tax to be applied to his or her income from other sources, and (ii) exempt from any other tax, contribution or levy. (3) Subject to section 6 , agents or other persons shall, when performing functions assigned to them by the Commission, have— (a) immunity from suit and legal process in respect of things done or omitted to be done by them, and (b) inviolability in respect of papers, documents and other materials prepared or received by them. (4) The Commission may waive any privilege or immunity provided for by this section. Duty to avoid prejudicial effects 6. (1) In performing its functions the Commission shall not do anything that could reasonably be expected to— (a) prejudice the national security interests of the State or the United Kingdom, (b) endanger the safety of any person, (c) have a prejudicial effect on any proceedings which have been, or are likely to be, instituted before a court or tribunal, or (d) have a prejudicial effect on the prevention, investigation, detection or prosecution of crime. (2) The Minister may issue guidelines to the Commission for the purpose of assisting the Commission in meeting its obligations under subsection (1) and the Commission shall have regard to such guidelines in the performance of its functions. Information 7. (1) The Commission, members of the Commission, members of staff of the Commission, any persons carrying out work for or giving advice to the Commission and any agents of the Commission shall not disclose any information obtained for the purposes of, or in connection with, the performance of their functions as such members, persons or agents unless the disclosure is authorised by or on behalf of the Commission. (2) The Commissioner of the Garda Síochána or any member of the Garda Síochána designated by the Commissioner for that purpose may disclose to the Commission any information in the possession of the Garda Síochána which in the opinion of the Commission is necessary for performing its functions. Dissolution of Commission 8. (1) If the Agreement is terminated, the Commission shall, by virtue of the termination of the Agreement, be deemed to have been dissolved. (2) The Minister may include in the order such transitional or consequential provisions as appear to him or her to be necessary or expedient to give full effect to Article 12. Amendment of Freedom of Information Act 2014 9. Section 42 of the Freedom of Information Act 2014 is amended in paragraph (c)— (a) by the deletion in subparagraph (iii) of “and”, (b) by the substitution in subparagraph (iv) of “(within the meaning of the Independent Monitoring Commission Act 2003 ), and” for “(within the meaning of the Independent Monitoring Commission Act 2003 ),”, and (c) by the insertion of the following after subparagraph (iv) — “(v) the Independent Reporting Commission established by the Agreement (within the meaning of the Independent Reporting Commission Act 2017 ),”. Laying of reports before Houses of Oireachtas 10. The Minister shall cause a copy of each report submitted to the Government by the Commission under Article 4 to be laid before each House of the Oireachtas. Expenses 11. The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Public Expenditure and Reform, be paid out of moneys provided by the Oireachtas. Short title and commencement 12. (1) This Act may be cited as the Independent Reporting Commission Act 2017. (2) This Act shall come into operation on such day or days as the Minister, after consultation with the Secretary of State, may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or provisions.