Dáil debates

Thursday, 6 November 2008

Tribunals of Inquiry Bill 2005: Second Stage (Resumed)

 

11:00 am

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)

That is quite true and do not forget that this happens in the courts as well. One can be libelled in the courts, but nobody cares a peg and it makes no difference. I can go into court and in the course of giving evidence make all types of allegations, for which I will not be held responsible or made accountable. I am afraid extraordinary regulations, curtailments and restrictions are placed on Members of Parliament when they set out to go about doing something for which there is provision under the law as well. A very experienced deviation took place whereby a tribunal in course in the Oireachtas was set aside by the courts. The jury should still be out on that decision. It was a dangerous thing to do. The whole question of any interference in the process and procedures of the Oireachtas is not a matter for the courts. The courts have no function in the matter and the sooner they recognise that, the better. It may suit Government for the reverse to be the case and it may suit it to go to the courts and argue these cases, but it is not in the interest of democracy.

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