Thomas Byrne (Fianna Fail)

The Supreme Court found it unconstitutional to make adverse findings of fact. I am wondering why we are not allowing for the Oireachtas to make adverse findings of fact. Could somebody make the argument that a finding of fact does not mean an adverse finding of fact? That is significant and I would like to know the advice given. I am not making a case or claim but the issue occurs to me having briefly read the judgments.

The operation of this legislation will require behavioural changes for Members. It is all very well for us to speak about any issue and criticise individuals, which all of us do. We all talk about bankers, developers and how they have ruined the country. Most of us expressed our disappointment with the likes of Seán FitzPatrick and Michael Fingleton. I have made strong statements about those individuals and a vice chairman of a committee made strong and derogatory statements about Michael Fingleton and Seán FitzPatrick while in the Seanad. They are correct. However, if those individuals were to be brought before an Oireachtas inquiry, will the fact that Oireachtas Members could have already prejudged their position on the individuals, as evidenced in Seanad and Dáil debates, harm the role of the Oireachtas in investigations? I have mentioned two individuals but do not want to prolong difficulties; I have made statements about them before. Surely such individuals could protest against a Deputy's presence on a committee if he or she has already criticised them in the Dáil or Seanad.

How can this be dealt with? I presume a fundamental point of fair procedure would be for those on the committee not to prejudge an issue. I could not sit in judgment of the individuals I mentioned as I have prejudged them; they have contributed to ruining the country. That opinion should exclude me from the workings of a possible committee. It is difficult as nobody can blame Oireachtas Members for being angry at those individuals. These powers will mean Members must moderate language and statements in the Houses of the Oireachtas, despite our full privilege to say what we like. I presume somebody could make a case that a judgment has already been made in a matter.

We must be aware of that matter and the potential difficulties for a banking inquiry. I would like to see the bank guarantee fully investigated, although I know the late former Minister, Mr. Brian Lenihan, gave his full side of the story before his unfortunate departure to the next life. We would like to see exactly what went on because we have felt significant consequences. It is also worth noting that there have been at least three inquiries into the bank guarantee, including a commission of inquiry.

What concerns me is that conclusions in those reports were not accepted by the parties now in Government. We are afraid that a commission of inquiry could occur under relevant legislation, with certain procedures and eminent people put in place to make those investigations, but the Government may not be happy with the outcome; in such a case the matter could be put before an Oireachtas committee that could be prejudged and political. These are obvious dangers.

If we are to investigate a matter that has not yet arisen, we should moderate our tone, which will be difficult for all of us. We have all made certain types of statements and findings of fact.