Brian Cowen (Laois-Offaly, Fianna Fail)

I cannot refer to the quote. I do not recall making that comment. I stated that there was merit in considering future procedures for investigating matters of public interest given that these proceedings have been ongoing for a considerable length of time, far beyond the contemplation of those who proposed establishing them originally.

The Tribunals of Inquiry Bill 2005 provides for comprehensive reform and consolidation of current legislation to put in place a modern and comprehensive statutory framework governing all aspects of the operation of a tribunal from the time of its establishment to publication of its reports. In large part, the Bill implements the recommendations contained in the Law Reform Commission's final report on public inquiries, including tribunals of inquiry, published in May 2005, particularly those relating to the more efficient management and operation of inquiries. The Bill contains a number of significant provisions to ensure greater control of legal costs at tribunals. Section 25 provides that a tribunal can only grant representation where it is satisfied that the person's constitutional or legal rights are likely to be affected by the proceedings before the tribunal or where there are exceptional circumstances for granting representation.

The Bill comprises a number of improvements. While a tribunal of inquiry can be established by a resolution of the Houses, there is no statutory basis whereby the Oireachtas, should it so wish, can suspend or dissolve a tribunal. In line with the recommendations of the Law Reform Commission on this point, the Bill provides at sections 9 and 10 that the Government may, for stated reasons and on foot of an order approved by each House, suspend an inquiry in whole or in part to allow for the completion of any other inquiry or the determination of any civil or criminal proceedings relating to matters to which the inquiry relates or to dissolve a tribunal for stated reasons. Before the Government makes an order under either section, the responsible Minister must consult with the tribunal.

Ensuring a clear statutory basis for a suspension or dissolution of a tribunal represents a sensible approach to a sensitive issue and closes a gap in existing legislation. It is self-evident that, if the Oireachtas has the power to establish a tribunal, it should have the power to dissolve one. The requirement for consultation with the tribunal and the approval of both Houses of the Oireachtas prior to a suspension or dissolution will ensure these powers are exercised appropriately.

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