The Inquiry into Historical Institutional Abuse Rules (Northern Ireland) 2013

Disclosure of potentially restricted evidence

13.—(1) In this rule—

(a) “potentially restricted evidence” means any evidence which is in the possession of the inquiry panel, or any member of the inquiry panel, and which is the subject of a relevant application which has not been determined or withdrawn;

(b) “relevant application” means an application which is—

(i) made by any person that the chairperson exercise his discretion under section 8(2) of the Act; or

(ii) made by any person that evidence or documents should be withheld on grounds of public interest immunity,

and which entails the withholding of evidence from the public.

(2) Subject to paragraph (3), potentially restricted evidence is subject to the same restrictions as it would be subject to if the order sought in the relevant application had been made.

(3) Where the conditions in paragraph (4) are satisfied, the chairperson may disclose the potentially restricted evidence to a person who would not otherwise be permitted to see it.

(4) The conditions are that—

(a) the chairperson considers that disclosure to an individual is necessary for the determination of the relevant application; and

(b) the chairperson has afforded the opportunity to—

(i) the person providing or producing the evidence to the inquiry panel; or

(ii) any other person making the relevant application,

to make representations regarding whether disclosure to that individual should be permitted.

(5) Any person who is shown potentially restricted evidence pursuant to paragraph (3) shall owe an obligation of confidence to the person who provided or produced the evidence to the inquiry.

(6) A breach of the obligation referred to in paragraph (5) is actionable at the suit of the person to whom the obligation is owed, subject to the defences applying to actions for breach of confidence.