Ivana Bacik (Independent)

Exactly, there is a clear parallel with the costly tribunals.

Looking at the heads of the Bill, which helpfully have been published along with the referendum wording, it is useful to note a good deal which is included borrows from our experience with the different model of the Commissions of Investigation Act 2004. It is good to see many of the procedures used in that Act will be incorporated into the powers of inquiry Bill if it is passed. We have learned that this model can be a more useful and forensic model of investigation.

To turn to the words of the constitutional amendment, in so far as there has been criticism of the amendment - generally it has had a great deal of cross-party support - it has been of the proposed article 10.4°, which was amended by the Dáil on Tuesday to insert the words "with due regard to the principles of fair procedures", and this answers at least one of the amendments being tabled today.

Like many lawyers and other people, I was concerned that as originally drafted, there appeared to be at least a diminishing of the role of the courts in conducting judicial reviews of the way in which parliamentary inquiries were conducted. The amendment, which as the Minister stated made explicit something he already regarded as implicit, puts beyond doubt the ongoing role of the courts. I thought Donncha O'Connell put it very well in an article he wrote, where he stated with regard to the original wording that just because deference might be suggested in the terms of an article it did not mean that judicial deference would be shown. In other words, that judges would certainly not regard themselves as excluded.