Emer Higgins (Dublin Mid West, Fine Gael) | Oireachtas source

I am a brand new member of this committee and this is my first full meeting. I am shocked by what we are discussing at this meeting. We seem to be here to discuss a matter that has already been before the courts and on which a Circuit Court determined there is no evidence for the claim. A court of law made that determination. Westmeath County Council, in its statement, summed up my gut feeling on this matter when Mr. Kehoe said that this committee is not an appropriate forum to ventilate legal arguments on a particular case, which has already been subject to court hearings. As Waterways Ireland said, that may prejudice potential future actions. The Chairman spoke about fair procedure and the right of people affected to be invited before committees.

He spoke about our statutory obligation to ensure we do not identify anyone in such a way as to make him or her recognisable. My understanding, however, is that at the previous meeting, many allegations were made, references to maps were held up and this did help identify people. That is at odds with the rules of any Oireachtas committee and it is simply unacceptable without a right of reply being offered. We are here as legislators and we make laws and policies, but we do not interfere in or prejudice the administration of live or individual cases. That is not our role and it would be inappropriate.

What is being done to afford a right of reply to anybody who may have been identified at earlier meetings, as per the fair procedure clause the Chairman read out earlier? Otherwise, we will be denying people natural justice. The theme of this petition seems to seek to ride roughshod over the ability of local authorities and the courts to do their jobs and I am not comfortable with that. I thank our guests for their time and their remarks, which capture exactly why this case should not be something we are discussing. I am certainly not comfortable with it.