19APower to the Council and the Assembly and committees and joint committees thereof to administer oaths to witnesses

19A Power to the Council and the Assembly and committees and joint committees thereof to administer oaths to witnesses S. 19A(1) amended by No. 9765 s. 10, substituted by No. 110/2003 s. 55(1). (1) In this section, ***committee*** means a committee of the Council or of the Assembly or a joint committee of the Council and the Assembly or a sub-committee of a Joint Investigatory Committee within the meaning of the **Parliamentary Committees Act 2003** or a member of a Joint Investigatory Committee or such a sub-committee who is empowered to take evidence under section 28 or 32 of that Act. (2) The Council or the Assembly may administer an oath to the witnesses examined at the bar of the Council or the Assembly (as the case may be). S. 19A(3) amended by No. 44/2006 s. 23(1). (3) Any committee may administer an oath to the witnesses examined before such committee including by means of audio link or audio visual link in accordance with section 28(4A) of the **Parliamentary Committees Act 2003**. (4) Any oath or affirmation taken or made by any witness before the Council or the Assembly or a committee of the whole Council or of the whole Assembly may be administered by the Clerk of the Council or the Clerk of the Assembly (as the case may be) at the table. S. 19A(5) amended by No. 9765 s. 10, substituted by No. 110/2003 s. 55(2). (5) Any oath or affirmation taken or made by any witness before any other committee may be administered by— (a) the chairperson of the committee; or (b) the clerk attending the committee; or S. 19A(5)(c) amended by No. 44/2006 s. 23(2). (c) a member of a Joint Investigatory Committee or sub-committee of a Joint Investigatory Committee within the meaning of the **Parliamentary Committees Act 2003** empowered to take evidence under that Act or if section 28(4A)(b) of that Act applies, a person authorised by the Joint Investigatory Committee for the purposes of that section. (6) In any case where a witness, if to be examined before the Supreme Court, would be permitted to make a solemn affirmation or declaration or to give evidence in any other way than upon oath, a witness to be examined under this section shall be in like manner allowed to give evidence upon affirmation or declaration or otherwise, as aforesaid. (7) No action shall be maintainable against any witness who has given evidence, whether on oath or otherwise, under the authority of this Act, for or in respect of any defamatory words spoken by him while giving such evidence. (8) Every person examined under this section who wilfully gives false evidence shall be liable to the penalties of perjury. (9) Nothing in this section shall derogate from any power or privilege of either House, or of the members or committees of either House or of the joint committees of the Council and the Assembly, but no person shall be liable to be proceeded against or punished twice for the same offence whether as a breach of privilege or as an offence against this section or any other enactment or at common law. Division 3—Summoning of Parliament. Oath of allegiance No. 6224 s. 50.