Rónán Mullen (Independent)

The Minister's answer to this charge has been that he has published the draft heads of a Bill that will commit the Government to natural justice during any inquiry. Leaving aside the various objections to the text of the heads, it may simply be answered that protection at a legislative level is much weaker than protection at a constitutional level. It is the easiest thing in the world to change an Act of the Oireachtas if the safeguards contained in it do not suit any future Government and this is the reason those who framed our Constitution saw fit to protect us from this kind of petty tyranny by giving us the safeguard of natural justice at a constitutional level.

Not only that but almost all of the most recent Oireachtas inquiries, such as the DIRT and Curtin inquiries, as well as the independent inquiries such as the Murphy commission, required special legislation to deal with their particular circumstances. This being the case it is highly likely that a future Government will be tempted to weaken the safeguards in the Minister's heads of Bill.

I shall conclude shortly and ask the Acting Chairman's indulgence. When one considers what is at stake it is highly likely that a future Government will be tempted to weaken the safeguards in the Minister's heads of Bill when passing future special legislation to deal with an inquiry under the amended constitutional article. I need a few more seconds and I would grateful for the Acting Chairman's indulgence given all that has been said today about guillotines and so on.