Print Adopted 31 May 2000
(Excerpts)
Human Rights Commission.
4.— (2) The Commission shall, subject to the provisions of this Act, be independent in the performance of its functions.Commission.
Functions of Commission.
8.—The functions of the Commission shall be—
(a) to keep under review the adequacy and effectiveness of law and practice in the State relating to the protection of human rights,
(b) if requested by a Minister of the Government, to examine any legislative proposal and report its views on any implications of such proposal for human rights,
(c) to consult with such national or international bodies or agencies having a knowledge or expertise in the field of human rights as it sees fit,
(d) either of its own volition or on being requested to do so by the Government, to make such recommendations to the Government as it deems appropriate in relation to the measures which the Commission considers should betaken to strengthen, protect and uphold human rights in the State,
(e) to promote understanding and awareness of the importance of human rights in the State and, for those purposes, to undertake, sponsor or commission, or provide financial or other assistance for, research and educational activities,
(f) to conduct enquiries under and in accordance withsection 9,
(g) to prepare and publish, in such manner as it thinks fit, reports on any research undertaken, sponsored, commissioned or assisted by it underparagraph (e)or in relation to enquiries referred to inparagraph (f),
(h) to apply to the High Court or the Supreme Court for liberty to appear before the High Court or the Supreme Court, as the case may be, asamicus curiaein proceedings before that court that involve or are concerned with the human rights of any person and to appear as such anamicus curiaeon foot of such liberty being granted (which liberty each of the said courts is hereby empowered to grant in its absolute discretion),
(i) to take whatever action is necessary to establish and participate in the joint committee of representatives referred to in paragraph 10 of the section entitled ‘‘Rights, Safeguards and Equality of Opportunity’’ of the Agreement Reached in the Multi-Party Talks,
(j) to provide assistance of the kind referred to insection 10to persons under and in accordance with that section,
(k) to institute proceedings under and in accordance withsection11.
Enquiries by Commission.
9.—(1) The Commission may—
(a) of its own volition, if it considers it necessary or expedient to do so for the purpose of the performance of any of its functions under paragraph (a), (c), (d) or (e) of section 8,or
(b) subject to subsections (2) to (5), at the request of any person who considers the conducting of such an enquiry to be necessary or expedient for the performance of any of those functions,
conduct an enquiry under this section into any relevant matter (and such an enquiry is referred to in this section as ‘‘an enquiry’’).Enquiries by Commission.
(6) For the purposes of an enquiry, the Commission—
(a) may require a person who, in the opinion of the Commission, is in possession of information or has a document or thing in his or her power or control that is relevant to the enquiry, to furnish that information, document or thing to the Commission, and
(b) where appropriate, may require such person to attend before the Commission for that purpose, and that person shall comply with the requirement accordingly.
(8) A person required to attend before the Commission under subsection(6)—
(a) shall answer fully and truthfully any question put to him or her by the Commission (other than a question the answer to which might incriminate the person), and
(b) if so requested by the Commission, shall sign a declaration of the truth of his or her answers to any such question.
(9) If it appears to the Commission that a person has failed to comply with a requirement under subsection (6), the Commission may apply to the Circuit Court for an order under subsection (10).
(10) Subject to subsection (11) if, on an application under subsection (9), the Circuit Court is satisfied as to the failure of the person concerned to comply with the requirement in question, the Circuit Court may make an order requiring that person to comply with the requirement.
(11) If, on an application under subsection (9), the Circuit Court is of the opinion that the requirement in question purports to require the person concerned—
(a) to produce any document or thing, or
(b) to furnish information, for which that person is entitled to claim legal professional privilege, the Circuit Court shall set aside the requirement.
Institution of legal proceedings by Commission.
11.—(1) The Commission may institute proceedings in any court of competent jurisdiction for the purpose of obtaining relief of a declaratory or other nature in respect of any matter concerning the human rights of any person or class of persons.
(2) The declaratory relief the Commission may seek to obtain in such proceedings includes relief by way of a declaration that a statute or a provision thereof is invalid having regard to the provisions of the Constitution or was not continued in force by Article 50 of the Constitution.
(3) In this section—‘‘human rights’’ means—
(a) the rights, liberties and freedoms conferred on, or guaranteed to, persons by the Constitution, and
(b) the rights, liberties or freedoms conferred on, or guaranteed to, persons by any agreement, treaty or convention to which the State is a party and which has been given the force of law in the State or by a provision of any such agreement, treaty or convention which has been given such force; ‘‘statute’’ has the same meaning as it has in the Interpretation Act,1937.
Source: Irish Statute Book Database