Ivana Bacik (Independent)

They are not timid, as we know. Judges have done a very important job in preserving this principle and I have no doubt it would have been preserved. However, this puts it beyond doubt.

Concern was raised that the wording, "It shall be for the House or Houses concerned", implied it should exclusively be for the House or Houses. This is the phrase that implied exclusivity. This reading of the amendment is now clarified by the insertion of "with due regard to the principles of fair procedures" because the due regard the Houses would have would be a matter for the courts to judge. In other words, they will look at whether the House had due regard to the principles of fair procedures. This may have been the kernel of the difficulty with the original wording. The courts will decide whether the regard the House or Houses had to the appropriate balance was due in accordance with the Constitution.

I am glad this amendment has been proposed. Donncha O'Connell and Eoin Daly had raised concerns and various points had been made in the media about the spectre of McCarthyism and vindictive Members of Parliament conducting inquiries that went well beyond any type of reasonable exercise of parliamentary investigative powers. This criticism was somewhat overblown but nonetheless I am glad the amendment has been proposed.

Yesterday, the Minister, Deputy Shatter, referred to an amendment he made in the Dáil to the wording of the amendment on judicial pay to insert the word "proportionate". He called it the "to be sure to be sure" amendment and the same description could be used about this.

Looking at the heads of the Bill published by the Minister, it would be worth strengthening some of them in light of the "to be sure to be sure" amendment, particularly head 11 which refers to the oversight committee and making rules relating to the conduct of proceedings. It states the rules shall include rules relating to fair procedures applicable to witnesses and that these rules should also refer to the granting of legal representation or rights to cross examine which, as the Minister stated, might be granted in certain cases. They are not by any means precluded under the legislation. Head 11(4)(h) refers to the type of rights that might be balanced, and specific reference should be made to the rights of persons against whom allegations of wrongdoing have been made, in particular the right to a good name. This is referred to earlier in head 11 but it would be worth emphasising it as a right to which the Houses of the Oireachtas would have to have regard in drawing the appropriate balance that is required to be drawn.