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Buachaill, Barrister
Category: Law
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Experience:  Barrister 17 years experience
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A non-statutory Rights of Way Public Inquiry is not governed

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A non-statutory Rights of Way Public Inquiry is not governed by 2007 Rights of Way Hearing & Inquires procedure. Does that mean "Anything goes", relating to giving evidence.
1. The Inquiries Rules, 2006, govern the situation in this case. These rules were made pursuant to the Inquiries Act, 2005, and are the default rules when any public inquiry is carried out. When it comes to giving oral evidence Rule applies and only the counsel to the inquiry and the designated legal representative may ask questions of the witness. The usual rules applicable to civil hearings applies in relation to the rules of evidence. The whole inquiry is highly structured and it is not correct to state that "anything goes" in relation to the giving of evidence.
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