Dáil debates

Tuesday, 20 November 2007

Tribunals of Inquiry Bill 2005: Order for Second Stage.

 

5:00 pm

Photo of Pat RabbittePat Rabbitte (Dublin South West, Labour)

I oppose the taking of Second Stage at this time. The reason the Labour Party does not consider it appropriate to take the Bill at this time has been well dealt with on previous occasions. It is not that we take issue with the substantive Bill. There is a need to update and modernise the law on public inquiries. We are in favour of doing that, but we believe it is inappropriate to introduce this Bill at this time when the Taoiseach is due to make an appearance again before one of the tribunals.

It is plainly wrong for the Taoiseach to say, as he did in response to Deputy Gilmore, that this Bill has no application to existing tribunals because it does. Section 10 of the Bill before the House provides for the dissolution of tribunals. Section 42, providing for transitional phases, makes that section relevant to existing tribunals. Therefore, there is no question but that this Bill applies to existing tribunals. As I understand it, both the Moriarty and Morris tribunals are in their concluding stages. Therefore the only target of this Bill would be the Mahon tribunal. It seems it is exceptionally ham-fisted, assuming there is no ulterior motive, that the Government would seek to bring forward this Bill at a time when the timeframe for the remaining duration of the Mahon tribunal has been clearly set out and when the highest officeholder in the land is awaiting a further summons to appear before the tribunal.

It is not appropriate in our submission that the Bill be taken at this time. We will signal broad support for the principles of the Bill when it comes before the House at a more appropriate time.

If the Minister was to agree to the excision of the provisions that make the Bill applicable to current tribunals, we would have no difficulty facilitating its passage. If the Minister contends, as he did all weekend, that it does not have application to current tribunals, why is he persisting with this Bill, section 42 of which makes it applicable to existing tribunals? If the Minister is agreeable to excising the reference to existing tribunals, we will facilitate passage of the Bill. Otherwise, it is our submission that it is not appropriate to take it at this time. That is not to make any comment one way or the other on matters that have brought the Taoiseach before the tribunal or any evidence that he might give.

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