Brendan Howlin (Wexford, Labour) | Oireachtas source

I thank Members for facilitating the debate and welcome the opportunity to discuss the new statutory powers in the Houses of the Oireachtas (Inquiries, Privileges and Procedures) Act 2013. The Act provides a statutory framework to assist the Houses in conducting inquiries into matters of public importance. On 19 September the Seanad passed a resolution approving the commencement order of the Houses of the Oireachtas (Inquiries Privileges and Procedures) Act 2013. A similar resolution was passed in the Dáil on 18 September. This procedure under section 1 of the Act respects the autonomy of the Houses by enabling both Houses to effectively trigger the commencement of the legislation.

As both motions have now been taken, I am in a position to sign the commencement order for the Act, which will come into force tomorrow, 25 September. This will enable the initiation of inquiries pursuant to the Act to get under way at the earliest possible date. The first such inquiry is likely to be the long-awaited banking inquiry. The Government strongly supports the initiation of a banking inquiry into the events that occurred on the night of the introduction of the bank guarantee and the systemic failures that led to our current economic challenges. I am confident that the legislation has put in place a legally robust framework that can facilitate such an inquiry. I see real potential with this legislation for substantial strengthening of the effectiveness of the Legislature. Inquiries of the type envisaged can not only help us learn vital lessons from past events but also identify the necessary reforms and policy changes essential to ensure that egregious policy errors are not repeated.

Any inquiry must be completed within the lifetime of the current Dáil and Seanad sessions. The Taoiseach indicated the Government's view that an inquiry should be modular in nature, given the scale and complexity of the issues to be examined. It is up to the Houses now to get this process under way. Under the Act, autonomy rests with the Oireachtas to determine the requirement for a formal inquiry, the terms of reference of that inquiry, the appropriate committee to conduct the inquiry and the procedural and organisational aspects of the inquiry. I understand that work is already well under way by the staff of the Houses of the Oireachtas Service in developing draft standing orders and guidelines which are required to be in place prior to the commencement of an inquiry. These will provide the necessary foundation for an inquiry to operate and include a range of new rules and standing orders and guidelines to govern the establishment of an inquiry and to ensure the effective and efficient operation of an inquiry.

There are a few key steps required before an inquiry can commence. A committee proposing to conduct an inquiry must prepare a proposal for the designated person, which I understand will be the Committee on Procedure and Privileges, of each House in the case of a joint committee proposal. The Committee on Procedure and Privileges must then examine the proposal and prepare a report for the House, and may make recommendations to the House. Standing Orders will set out more fully the role of the Committee on Procedure and Privileges but the Act specifically signals that the report of the Committee on Procedure and Privileges include whether the inquiry should be held and, if so, by which committee and in what manner. The House must then pass a resolution to establish an inquiry and confirm its terms of reference. It is crucial that the terms of reference for an inquiry be narrow and specific to ensure that a focused inquiry can be effectively conducted within the timeframe available. Used effectively, I believe that an inquiry constituted in this manner will facilitate the unfolding of the full narrative of events surrounding the near-collapse of the banking system in Ireland and the events leading up to and including the decision on the bank guarantee.

Given that the Act is in place, there is a strong onus placed on us as parliamentarians to use this legislation well and in a manner that is focused on furthering the public interest. It will require a disciplined approach by Members to ensure that inquiries are fair, balanced and effective. The public will judge us on that. I am confident that the statutory framework provided in the Act provides assistance in this regard by giving clarity to the Houses in relation to their powers and by setting out guidance in relation to matters such as fair procedures, avoidance of bias and so on. This legislation empowers parliamentarians to perform their role as legislators, to bring the full facts of the issue before the people and to hear from those directly involved in key decision making.

One of the best reasons to proceed with a parliamentary inquiry at this stage is that none of the other possible models has been successful at meeting the public demand for a full account of this issue. A tribunal of inquiry would not be a desirable approach given its potential to be a significant drain on resources and time. There was speculation that a Leveson-style inquiry should be adopted in this jurisdiction in relation to the banking crisis. I do not believe this would be desirable as it would most likely be an excessively costly and lengthy process. Furthermore, if one examines the terms of reference of the Leveson inquiry, one will see that Part 1 specifies the making of recommendations in relation to matters of more effective policy and regulatory regimes. This type of approach would be permissible for an Oireachtas inquiry under the Act. Part 2 of the Leveson terms of reference relate to matters of unlawful or improper conduct; however, that part of the inquiry cannot commence until the current police investigations and any subsequent criminal proceedings have been completed.

We have already had a commission of inquiry via the Nyberg report, which, while offering a macro-analysis of events, has not given the perspective of the individual participants involved. A parliamentary banking inquiry has the potential to provide long-awaited answers for the Irish people, who need and deserve to hear an account from those directly involved. A banking inquiry will be held in public and will be broadcast, allowing everyone to witness the proceedings. I have full confidence that we as parliamentarians can rise to this challenge and conduct inquiries that provide vital answers to fundamentally important questions.

As I outlined during the passage of the legislation through this and the other House, there has been a weakening of trust in our politicians and political systems, and that is not a good thing for our democracy. The Dáil and Seanad are made up of experienced and capable Members motivated to act in the public interest. Our Deputies and Senators represent the people. The holding of an effective banking inquiry is an opportunity to prove that we can be trusted with this important task. It will assist in strengthening the effectiveness of the Oireachtas and enhancing trust in the political system. The Act provides the framework for that work to take place. It is time now for an inquiry to get under way.