(4) Any person appearing before the Commission may be represented by a legal practitioner.
(5) Information obtained by the Commission or any member of its staff at a closed hearing
shall not be disclosed to any person except—
(a) without disclosing the identity of any person who gave the information in confidence,
for the purposes of the investigation and for any report to be made thereon; or
(b) for the purposes of any proceedings for perjury alleged to have been committed in the
course of an investigation.
(6) The Minister may, at any stage during an investigation by the Commission, produce to
the Commission a certificate in writing signed by him or her to the effect that the disclosure of
any evidence or documentation or class of evidence or documentation specified in the certificate
is, in his or her opinion, contrary to the public interest on the grounds that it may prejudice the
defence, external relations, internal security or economic interests of the State, whereupon the
Commission shall make arrangements for evidence relating to that matter to be heard in camera
at a closed hearing and shall take such other action as may be necessary or expedient to prevent
the disclosure of that matter.”.
(7)Where the Commission receives a notice under subsection (6), it may if it has already
commenced an investigation as a public hearing—
(a) convert the public hearing into a closed hearing; or
(b) close its proceedings to the public for the purpose of taking the evidence and
documentation in question.
(8) Any person who—
(a) has been summoned by the Commissionto give evidence or to produce any
documentation, for the purposes of an investigation and who fails to attend or to remain
in attendance until excused by the Commissionfrom further attendance, or refuses
without sufficient cause, the onus of proof whereof lies upon him or her, to be sworn as
a witness or to answer fully and satisfactorily a question lawfully put to him or her, or to
produce the evidence or documentation requested; or
(b) gives false evidence to the Commission, knowing such evidence to be false or not
knowing or believing it to be true;
shall be guilty of an offence and liable to a fine not exceeding level six or to imprisonment for a
period not exceeding one year or to both such fine and such imprisonment.
(9) Any member of the Commission or member of staff of the Commission who without
being authorised to do so by the Commission discloses any information referred to in subsection
(5), or makes any use of such information for his or her benefit, shall be guilty of an offence and
liable to a fine not exceeding level twelve or to imprisonment for a period not exceeding two
years or to both such fine and such imprisonment.
(10) For the avoidance of doubt it is declared that the law relating to the competence or
compellability of any person on the grounds of privilege to give evidence, answer any questions
or produce any book or document before the Commission, shall apply.
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