Seán Fleming (Laois-Offaly, Fianna Fail) | Oireachtas source

I move amendment No. 7:

In page 16, before section 6, but in Part 2, to insert the following new section:"6.—A committee conducting an inquiry established under this Act may conduct an inquiry into the conduct of a member or former member who was a member of the House on the date of the commencement of that inquiry.".

This is a subtle point I referred to on Second Stage. I know the explanatory memorandum has no legal standing but what I read there is not what I understood when I read the legislation. My understanding is that an inquiry can only make findings against a current Member and cannot investigate former Members of the Oireachtas. It can issue adverse findings on current Members or people accountable to the Oireachtas.

Let us take the example of a person who is a member of the current Government or a Member of the Oireachtas into whom an inquiry is going on for a number of years. The person feels that a very adverse finding is coming down the track and resigns his or her Dáil seat. As the person is no longer a Member of the Houses of the Oireachtas, the committee, despite having conducted an investigation for a number of years, cannot issue any adverse findings because that individual is no longer a Member of the current Dáil. My amendment provides that a committee conducting an inquiry established under this Act may conduct an inquiry into the conduct of a Member or former Member who was a Member of the House on the date of the commencement of that inquiry. That will prevent the situation arising whereby a person resigns his or her seat during the course of an inquiry and thus gets away scot free in terms of any adverse findings.

I hope the Minister understands the point I am trying to make. There is a lacuna in this Bill at present. The assumption would be that an inquiry could be conducted into Members of the current Dáil but that is not the case if the person resigns before the report of the inquiry is issued. The amendment is a valid closing-off of a potential loophole in the legislation as it stands. It would be a terrible waste of a committee's time if, having spent two years investigating particular actions by a Member or Members of the Dáil, the night before the committee issues its report the said Member or Members resign and no adverse findings can be issued.