Billy Kelleher (Cork North Central, Fianna Fail)

The Deputy was doing his homework. I did not say there was no other legislation but pointed out the advice we received, that is, that these amendments are not necessary because the law relating to privilege exits in any case and because section 21 on evidence in proceedings, which was introduced by the Government on Committee Stage, provides in subsection (3) for any necessary reassurances that privilege applies. The question of legal privilege is a matter for the courts.

There is a strong corpus of legislation and considerable precedent in the context of privilege. The Government contends that what the Deputy proposes to include would undermine other legislative proposals in Acts that do not include the provision as proposed by him. For these reasons and on the advice of the Parliamentary Counsel, the inclusion of the Deputy's proposal would diminish the guidelines on privilege in the context of legislation already in the Statute Book.

See this speech in context