Seanad debates

Thursday, 22 September 2011

An Bille um an Tríochadú Leasú ar an mBunreacht (Fiosruithe Thithe an Oireachtais) 2011: An Dara Céim / Thirtieth Amendment of the Constitution (Houses of the Oireachtas Inquiries) Bill 2011: Second Stage

 

2:00 pm

Photo of Sean BarrettSean Barrett (Independent)

As the Minister came to the House early I might finish early and donate some time to other Members. I agree with virtually everything that has been said on all sides of the House on this matter, where people have caveats and where they strongly support it. My heart is enthusiastic, my head supports it but my wallet is a bit worried and if I wore a wig of the legal kind I would be delighted at the prospect of more litigation, but this is the path we run.

I admire greatly the introductory part of the Minister's speech, as I admire the reforms he has made in other areas. We need to make Parliament relevant. It is a huge part of why I have been sent here. Public trust and confidence has been lost in many institutions and this certainly influenced me to want to be here. Parliament is crucial for a country which has so much despondency with institutions and which had to be rescued by the International Monetary Fund, the EU and the ECB. The general election was not about changing the Government, it was about changing governance and I am delighted to see that we are doing so.

The Abbeylara decision filled the country with despair because we felt no redress was available. We need to restore confidence in the idea that the citizen has rights. This is what the Minister has done. The early parts of his speech harked back to a time when Parliament was held in high esteem by the people. Henry Grattan never held office, but what was known as Grattan's Parliament played host to oratory. Edmund Burke, an important person in the development of Westminster Parliament, was of Irish descent. Daniel O'Connell achieved major gains for the majority community of this country through his membership of the Westminster Parliament.

As the Minister stated, Parliament is not a tool of the Executive. Many of the Comptroller and Auditor General's reports to the Committee of Public Accounts are excellently researched and contain thorough analyses and scarifying numbers. The committee's Chairman issues these reports, but they disappear into the sand. We must examine how to develop the research element undertaken by that valuable constitutional officer, namely, the Comptroller and Auditor General.

The question of the banks is the leading issue. The Joint Committee on Finance, Public Expenditure and Reform, chaired by Deputy White, has asked that those involved send on their accounts of the event, an idea that relates to a query by Senator Bacik. Deputy White's post box is not overburdened by responses as to what the bankers believed they were doing. The banks do not realise the damage they have done to the country and are largely insulated from the consequences of their actions. In that light, this procedure is necessary. It is also necessary, given the number of people in Departments who do not write anything down because someone in the press might discover it under the Freedom of Information Act. That Act has led to less information being revealed than we had hoped.

Like other Senators, I support the Bill broadly. A caveat relates to section 4. I appreciate the Minister's work in this regard. A committee chairman will need to be alert in case a member steps out of line. Even then, he or she might be too late and people who felt aggrieved by the proceedings could look for compensation. This would open up another gravy train, which we do not want. Members will need certain training to be able to fulfil the requirements contained within section 4. We do not want to get the Oireachtas into trouble or incur extra burdens on the taxpayer. We need to know the fair procedures fully.

I am concerned about people bringing their lawyers into the Oireachtas. Where it occurs in other jurisdictions, no one answers a question until a cadre of lawyers tells him or her what or, more likely, what not to say. This is a danger. Everyone also fears the example set by US Senator McCarthy, which is another situation we do not want.

Hopefully, this procedure will not lead to yet another round of litigation, we will all be prepared and there will be good chairpersons. I am glad that the Whips' rule will not apply. It is a part of the Irish parliamentary tradition. Parnell invented the Whip system as a Member of the UK Parliament.

Like the Minister, I am concerned about people with deep pockets. Two eminent people outside the front gate of Trinity come to mind. Edmund Burke stated: "A perfect democracy is therefore the most shameless thing in the world." I commend this amendment, as it advances our democracy. However, Oliver Goldsmith stated: "Laws grind the poor, and rich men rule the law." Through Parliament, people who are not rich will have redress to secure their rights.

The early parts of the Minister's speech was an account of how the Parliament evolved to meet citizens' needs. On this basis, I gladly commend the Bill to the House.

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