Oireachtas Joint and Select Committees

Thursday, 26 November 2020

Joint Oireachtas Committee on the Implementation of the Good Friday Agreement

Establishment of an Independent Public Inquiry into the Murder of Pat Finucane: Motion

Photo of Fergus O'DowdFergus O'Dowd (Louth, Fine Gael) | Oireachtas source

Apologies have been received from Senators Annie Hoey and Frances Black.

I wish to explain some limitations to parliamentary privilege and the practice of the Houses as regards reference witnesses may make to other persons in their evidence. The contributions of witnesses who are physically present or who give evidence from within the parliamentary precincts are protected pursuant to the Constitution and statute by absolute privilege. A number of MPs are participating remotely on a regular basis from a place outside the parliamentary precincts and, as such, they may not benefit from the same level of immunity from legal proceedings as a witness physically present does. MPs participating in this committee session from a jurisdiction outside the State have been advised that they should always be mindful of their domestic law and how it may apply to their participation in proceedings.

There is, of course, no change in regard to the long-standing parliamentary practice to the effect that members should not comment on, criticise or make charges against any person or persons outside the Houses or an official, either by name or in such a way as to make him or her identifiable. That is the standard instruction on privilege and there is nothing unusual about it.

I request members to sit only in the assigned seats. Members are requested to turn off their mobile phones or put them on flight mode for the duration of the meeting as they can interfere with the sound.

This is an important meeting. It has been called to discuss a very important issue in regard to the late Pat Finucane. Senator Niall Ó Donnghaile has submitted a motion in regard to the late Pat Finucane. I call on the Senator to move the motion.

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