Commentary on Sections Human Rights Commission Section 15: Investigations: evidence
51.This section inserts new sections 69A and 69B into the Northern Ireland Act 1998.
52.New section 69A allows the Commission by notice to require a person to produce documents or information in their possession, or to give oral evidence for the purpose of an investigation. Subsection (4) of new section 69A provides that, before issuing a notice requiring the provision of evidence, the Commission must have concluded that the matter which it is proposing to investigate has not already been sufficiently investigated by another person. Subsection (5) provides the grounds on which a person served with a notice to provide information may apply to the county court to have the notice cancelled. Subsection (7) enables the Commission to apply to a county court for an order requiring a person to provide the information required. Subsection (8) creates four summary criminal offences relating to the failure to comply with a requirement to provide information or give evidence to the Commission and to the falsification of evidence provided. Subsection (10) provides that the Public Prosecution Service may not be required to supply documents or evidence about a decision whether or not to institute or continue criminal proceedings.
53.New section 69B creates an exemption for national security material from the Commission’s power to require the provision of information or evidence under new section 69A. Subsection (1) sets out the circumstances relating to national security, in which a person shall disregard a notice issued under 69A(1). Subsection (4) allows the recipient of a notice under 69A(1) to apply to the High Court for the requirement to provide information to be cancelled on the grounds that it is undesirable for reasons of national security, other than those reasons set out within section 69B(1). Subsection (5) provides that an investigation may not consider whether an intelligence service is acting in a way that is incompatible with human rights; or other matters concerning human rights in relation to an intelligence service.