Seán Power (Kildare South, Fianna Fail)

On Committee Stage, in response to an amendment tabled by Deputy Twomey, a commitment was made to consult the Parliamentary Counsel with regard to the drafting of an amendment, to be tabled on Report Stage, to the effect that a registrant who is a member of the council and becomes the subject of an inquiry should absent himself or herself from council discussions on the matter.

However, I am not in a position to table this amendment because the advice I have received is that this issue is covered by the principles of natural justice and that the rules of natural justice are expected to be observed by the disciplinary body. These are the rules and procedures to be followed by any person or body with the duty of adjudicating on disputes between parties or when considering the rights of others. One of the main rules is that a person must not be a judge in his or her own cause.

The advice of the Parliamentary Counsel is that including the amendment could have the effect of disturbing the ordinary rules of natural justice that apply as a matter of course. The amendment could have the effect of freezing or limiting the other rules. Clearly, this is not what we wish to do. It also raises other issues, for example, specifying that a council member should absent himself or herself when the subjects of a complaints inquiry merely begs the question as to why we are not specifying that members should absent themselves when a relative or close friend is the subject of an inquiry. Clearly, absenting oneself in those circumstances would be a normal part of proper procedures. Section 59(4) refers to the necessity of observing fair procedures when receiving evidence so the issue raised by the Deputy is dealt with in the Bill. I hope the Deputy will appreciate my position on this matter and the fact that I cannot accept this amendment.

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