Dáil debates

Thursday, 31 January 2008

Tribunals of Inquiry: Motion (Resumed)

 

11:00 am

Photo of Peter PowerPeter Power (Limerick East, Fianna Fail)

I thank my colleagues for sharing time.

In advance of this debate Fine Gael spokespersons were at pains to suggest that this motion is in direct response to criticism of the tribunal by members of the Government, as if to imply that criticism of the methodology and functioning of the tribunal in some way equates with sleaze or planning corruption. Indeed, this was one of the central planks of the contributions of Deputies Kenny and Varadkar last night and this is a contention which I reject out of hand as a myth.

There is no institution of this State which has immunity from accountability to this House. It is my conviction that Members of this House have not alone a right but a positive duty to hold any organ of State, this or any other tribunal, to account. We have a positive duty and a right to do that by virtue of our membership of this House, by virtue of our democratic mandate.

The Opposition which tabled this motion would do well to remember that the tribunal is an instrument of this House and it operates under terms of reference set down by this House. It reports to this House and it functions under legislation enacted in this House. It is a ludicrous proposition to suggest, as this motion does, that we are not allowed to hold that tribunal to account, and I reject it. It is an abdication of political responsibility and political accountability.

Let us be absolutely clear on this point. We, as Members of this House, have a right and a duty to hold the tribunal to account, but what we do not have, what no Member has, is the right to compromise the independence of the tribunal by placing ourselves in the place of the judges of the tribunal and predetermining the outcome of the tribunal. Unfortunately, that is exactly what many members of Fine Gael are guilty of. They have placed themselves in the place of the judges of the tribunal. By resolution of this House we delegated fact-finding functions of this House to the judges of the tribunal. We did not delegate those functions to Deputy Varadkar or Senator Regan, we delegated those fact-finding functions to the judges of the tribunal.

On 20 December, outside the gates of this House on national television, Deputy Varadkar declared no less than that the Taoiseach's evidence on that particular day was demolished by counsel for the tribunal, and only last night, again in a clear abuse of Dáil privilege, he took it upon himself to predict with great certainty what the outcome of the tribunal would be.

I ask this question, not alone of Deputy Varadkar but also of members of Fine Gael opposite, how can they possibly put their names to a motion which calls for the independence of a tribunal from this House when, by their own words and public pronouncements, it is the very antithesis of independence? It is a contradiction and a hypocrisy and if they do not see it, it is the height of arrogance.

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