Oireachtas Joint and Select Committees

Wednesday, 6 December 2017

Joint Oireachtas Committee on Justice, Defence and Equality

Functioning of the Department of Justice and Equality: Department of Justice and Equality

9:00 am

Ms Oonagh McPhillips:

One must consider the Commissions of Investigation Act 2004 and the fact that the proceedings are held in private. There are various provisions in the Act in regard to the confidentiality of proceedings. The proceedings are designed to minimise legal costs such that any accusations and so on are made in private and legal costs are minimised as people do not have to defend their reputations because the accusations are not publicised. That is the context as regards a commission of investigation and those are specific provisions in the Act. When departmental officials give evidence they do not consult the Minister or their colleagues but, rather, give evidence in respect of their own knowledge and awareness of the situation. I said it would be improper for them to do otherwise

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