Oireachtas Joint and Select Committees

Wednesday, 11 December 2013

Joint Oireachtas Committee on Public Service Oversight and Petitions

Decisions on Public Petitions Received

4:00 pm

Photo of Pádraig Mac LochlainnPádraig Mac Lochlainn (Donegal North East, Sinn Fein)
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We will now go into public session to record the decisions of the committee. Petition No.48/12 from Mr. Patrick Martin, claiming that his father was murdered in disputed circumstances in 1979. Additionally, the petitioner alleges corruption on the part of the Garda Síochána in reporting the death of his father, together with collusion between the Garda, the attending doctor, the Coroner and the County Registrar. The petition is deemed to be inadmissible under the committee's standing orders in that it names individuals, contains language which is in the nature of being defamatory, is asking the Dáil to do something which it does not have the power to do and is asking the committee to consider an individual complaint which has already been determined by a District Court and the Garda Síochána Ombudsman Commission.

4:05 pm

Photo of Séamus KirkSéamus Kirk (Louth, Fianna Fail)
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I propose that we invite representatives of the Internet service providers before the committee for a question and answer session. I want to establish the legislative position underpinning the proposal and whether they consider it is adequate. Decisiveness in this area would help us to come to terms quickly with the matters arising.

Photo of Pádraig Mac LochlainnPádraig Mac Lochlainn (Donegal North East, Sinn Fein)
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We will also make the petitioner aware of our intention and when we will hold a hearing in order that she can monitor the proceedings.

Photo of Trevor Ó ClochartaighTrevor Ó Clochartaigh (Sinn Fein)
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Given that there has been considerable debate on this issue, it is important that we note our understanding of its importance. We should convey to the petitioner that a number of Private Members' Bills and reports have been drafted to deal with the issue.

Photo of Pádraig Mac LochlainnPádraig Mac Lochlainn (Donegal North East, Sinn Fein)
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We will relay that information to the petitioner to make her aware of our progress. The petition came in response to a double tragedy in her community. As Senator Trevor Ó Clochartaigh suggested, we will acknowledge the seriousness of the matter, outline the work which has been done and inform the petitioner that we will be taking the course of action suggested by Deputy Seamus Kirk.

Petition No. 29/2013 is from Mr. Pádraig Murphy and seeks the legalisation of cannabis in Ireland. A Private Members' Bill was recently introduced in the Dáil on this issue and has been subject to considerable debate. Furthermore, another Bill will be tabled on the issue in the near future . The committee does not propose to debate the matter further when there is already so much ongoing debate and analysis. We will communicate this decision to the petitioner. Is that agreed? Agreed.

Petition No. 67/2012 is from Mr. Liam Ó Tuathail and pertains to the Financial Emergency Measures in the Public Interest Act 2010. Members will recall this petition was initially considered at our meeting on 16 October, at which time members requested that legal advice be obtained on the issues arising in respect of it. After receiving legal advice, the committee has deemed the petition to be inadmissible. We will write to the petitioner with a clear explanation of the grounds on which we believe it to be inadmissible. While we clearly have to inform petitioners when their petitions are inadmissible, when we have to receive legal advice, the secretariat will be able to draw on the assistance of the Parliamentary Counsel in drafting letters.

I return to petition No. 46/2012 from Mr. Matthew Vincent Smith who claims he was wrongfully convicted of assault in circumstances where a garda had allegedly lied under oath.