Companies Act 2014 section 938

Hearings, privileges and procedural rules

Section 938 sets out the rules governing how the Irish Auditing and Accounting Supervisory Authority (IAASA) conducts hearings, the protections afforded to witnesses, and the procedural framework for enquiries and investigations.

• IAASA may hold oral hearings and make regulations governing the procedures for its enquiries and investigations, publishing those regulations on its website as soon as practicable.
• Witnesses appearing before IAASA enjoy the same legal immunities and privileges as witnesses appearing before a court, and legal professional privilege is fully preserved.
• Information or answers provided by a person under compulsion during an enquiry or investigation may be used as evidence against that person in any proceedings, except criminal proceedings (other than perjury).
• A finding or decision by IAASA does not prevent separate civil or criminal proceedings being brought against the person concerned.