Dáil debates

Thursday, 6 November 2008

Tribunals of Inquiry Bill 2005: Second Stage (Resumed)

 

12:00 pm

Photo of Thomas ByrneThomas Byrne (Meath East, Fianna Fail)

They investigate policy issues, accidents and major disasters, allegations of corruption and the deaths of individuals where the organs of the State were involved, all of which are matters of significant public concern.

In contrast to the lengthy proceedings of, for example, the Flood tribunal, the inquiries conducted in America in 2001 on the dotcom bubble and the collapse of Arthur Anderson and other companies were completed within months. Clearly a superior system is in place in the United States. The huge level of corruption that took place within these companies was dealt with and forgotten about long ago and the individuals and firms concerned have moved on. Irish-based employees of the companies were not implicated in these wrongdoings. Unlike the dotcom inquiry, we are still awaiting a report on issues that have taken place many years ago.

Tribunals have not thus far been able to determine civil or criminal liability. They make findings of fact and if the DPP and the Garda want to pursue the matter further, they have to start their investigations from scratch. This is not adequate.

Tribunals of inquiry owe their immediate origins to the Tribunals of Inquiry (Evidence) Act 1921 but the Law Reform Commission traces the concept to a committee of the House of Commons which sat in 1667, or 23 years before the chaos caused to County Meath by the Battle of the Boyne.

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