John McGuinness (Carlow-Kilkenny, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

I wish to make a further point about how the law works in the work of Parliament and public representatives. We should not be afraid to go there. I accept the separation of powers, but if we cannot exchange views between one another on how powers might be operated better for the people whom we represent, how can we make the law better? I do not mean exchanging views in an open public forum where we challenge each other, but perhaps the Law Reform Commission is the body to consider how we should do our work or what laws need to be changed. I would welcome it doing so.

My final point concerns those who regulate their own profession such as solicitors, barristers, accountants, the regulator of banks or any other regulator. Regardless of what happened in 2008 and the resources and legal framework with which they had to work, it would not have cost the regulators one cent to put up their hands and say, "Stop, there is something wrong here," but they did not do so. As I have seen, nobody is penalised. That is what is sad about the laws of the country. Our constituents tell us that the law applies to them but that it does not apply to those on high, the elite, as they might describe them. I would like to see a lot more done in that regard.

Protected disclosures were mentioned. The protected disclosure legislation is great, but is it not amazing that in most cases an individual whistleblower will tell us that he or she is sorry that he or she came forward? The law has to be strengthened. If we cannot learn from our mistakes, we will learn nothing. I think all of that, to a degree, rests on the shoulders of the delegates.

Financial fines were mentioned. If a bank has to pay a fine having done something wrong, it is the customers who will have to pay, probably those who were sinned against in the first place.