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

 

3:00 pm

Photo of Brendan HowlinBrendan Howlin (Wexford, Labour)

I am saying what the law is and I would like the House to engage with this and not with who said what. This is a process and I recommend it be approved. It is modern, democratic and open.

I have not responded to all Senator Darragh O'Brien's points yet. Obviously legal and secretarial support will be required. On the issue of bias and the suggestions that if anybody made a general utterance, he or she would be precluded from involvement in a committee, my experience is that judges allow themselves a great deal of tolerance. They do not preclude themselves if they were involved in cases but objectively discussing the banking system in general principles is quite different from being involved in an investigation of a narrow terms of reference. There must be a test of objective bias and that will be determined in the selection of members who are appropriate to serve on any committee.

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