Shane Ross (Dublin South, Independent) | Oireachtas source

I agree with plan A. It is a very good suggestion from Deputies Deasy and Dowds that the Chairman should talk the Ceann Comhairle. However, I would point out that the Committee on Procedure and Privileges has got itself a senior counsel. We should also have a senior counsel if we are to get into any sort of court conflict with it. There are problems. The parliamentary legal adviser was at pains to point out in her letter that she was not conflicted. I am not a great believer in Chinese walls. I am afraid that even with the best will in the world, it is very difficult to justify them. I think we are heading towards a situation where we may get into conflict with the Committee on Procedure and Privileges, which should be avoided if possible. However, we should not be in legal dispute with it on an unequal basis - in other words, it should not have access to senior counsel if we do not have it.

It is not so much that the parliamentary legal adviser's office is conflicted, because it is advising both sides, but what we are looking for here - this is a very important point - is an expert in constitutional law. If the Committee on Procedure and Privileges gets an expert in constitutional law and if we are arguing with it, we should also have an expert in constitutional law.