Oireachtas Joint and Select Committees

Thursday, 16 September 2021

Committee on Public Petitions

Direct Provision Policy and Related Matters: Discussion (Resumed)

Photo of Martin BrowneMartin Browne (Tipperary, Sinn Fein) | Oireachtas source

We got advice on that issue during the year to the effect that members must attend the meeting from what is deemed to be the campus of Leinster House.

An allowance was made in respect of the convention centre because the Houses were meeting there. The issue of constituency offices came up previously and the advice received from a senior counsel was that members could not join from their offices.

I will explain some of the limitations to parliamentary privilege and the practices of the House regarding reference that may be made to another person in evidence. The evidence of witnesses physically present, or who give evidence from within the parliamentary precincts, is protected pursuant to both the Constitution and statute by absolute privilege. However, they are giving their evidence remotely from a place outside the parliamentary precincts and, as such, may not benefit from the same level of immunity from legal proceedings as a witness physically present does. Witnesses may think it appropriate to take legal advice on this matter.

Members are again reminded of the long-standing parliamentary practice that they should not criticise or make charges against any person or entity, by name or in such a way as to make him, her or it identifiable, or otherwise engage in speech that might be regarded as damaging to the good name of the person or entity. Therefore, if their statements are potentially defamatory in relation to an identifiable person or entity, they will be directed to discontinue their remarks. It is imperative that they comply with any such direction.

I move to No. 2 on our agenda. This is the fourth meeting of the committee in respect of direct provision policy and related matters. We have already met the Ombudsman and the Ombudsman for Children, as well as representatives of Doras and the Irish Refugee Council. I am delighted to extend a warm welcome on behalf of the committee to our witnesses today. From the Irish Human Rights and Equality Commission, IHREC, we are joined by Ms Sinéad Gibney, chief commissioner, Mr. Colm O'Dwyer SC, commission member, and Professor Kathleen Lynch, commission member. From the Law Society of Ireland, we are joined by Mr. Stephen Kirwan, member of the Law Society human rights and equality committee.

Before we hear from our witnesses, I propose that we publish their opening statements on the committee website. Is that agreed? Agreed. I suggest that our witnesses make their opening statements for five to ten minutes. We will then have questions and comments from members. I suggest that each member takes five minutes, which will leave time for members to ask supplementary questions later in the proceedings. I welcome Ms Gibney and invite her to make her opening statement. Her colleagues may also wish to contribute.

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