Willie O'Dea (Limerick East, Fianna Fail)

There is a considerable volume of jurisprudence, in Ireland and overseas, on how tribunals should conduct their business. As Mr. Justice Moriarty, who knows something about such matters, said in a recent judgment:

It cannot be emphasised too often that tribunal proceedings are not adversarial but inquisitorial. They are not a means of establishing criminal or civil liability.

He went on to quote Mr. Justice Hardiman in O'Callaghan v. Mahon:

A Tribunal in the end of the day merely reports its opinions and makes recommendations. It does not make binding findings of fact.

He also quoted from the comments of Mr. Justice Cory, speaking as a member of the Canadian Supreme Court, in a landmark decision about tribunals:

The Inquiry's roles of investigation and education of the public are of great importance. Yet those roles should not be fulfilled at the expense of the denial of the rights of those being investigated. This means that no matter how important the work of an Inquiry may be, it cannot be achieved at the expense of the fundamental right of each citizen to be treated fairly.

It is abundantly clear from the plethora of press releases produced by the Opposition parties that they are prepared to jettison the fundamental right of each citizen to be treated fairly as long as it gives them an opportunity to pillory or defame their political opponents. Fine Gael has been spewing out press releases and statements. Initially it asked for issues to be dealt with publicly by the Taoiseach before the tribunal completed its report. More recently, however, its statements have descended into nasty personal invective.

See this speech in context