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24. Amendment of section 40 of Act of 2010

This format of the bill is taken from the text of stage 5 published on 1 March 2023 by Seanad Éireann

Section 40 of the Act of 2010 is amended by the insertion of the following subsection after subsection (3):

"(4) Where the person concerned claims to be entitled to refuse to produce a document, to provide information, or to answer a question, on the grounds of legal professional privilege, the Court may, without prejudice to the generality of subsection (2), give directions as to the appointment of a person with suitable legal qualifications, possessing the level of experience, and the independence from any interest falling to be determined between the parties concerned, that the Court considers to be appropriate for the purpose of -

(a) examining the material for which the person claims legal professional privilege, and

(b) preparing a report for the Court with a view to assisting or facilitating the Court in deciding what action to take under this section.".

Comparing proposed amendment...