Thomas Byrne (Meath East, Fianna Fail)

I spent my very enjoyable college years in Trinity College, Dublin, where one of my predecessors in the law faculty and the Fianna Fáil cumann was the Minister of State's brother. We spent much of our time studying High Court and Supreme Court cases which were brought as a result of issues arising in tribunals, such as Cabinet confidentiality. Not only do these tribunals have an impact on the witnesses they call, but they also influence the wider society. They have a particular effect on law students who have to study their judgments. As a young solicitor, I spent many days observing the Flood tribunal on behalf of clients but those days are over. I have now given up my career, and hopefully not temporarily or until the next election.

The functions of tribunals of inquiry include investigating events and learning from what happened. The Law Reform Commission suggests they also provide a catharsis or therapeutic exposure. That may be the case in respect of tragedies but I am not sure that the Mahon tribunal will be described as cathartic when it eventually reports.

Tribunals are established to provide reassurance. I hope the report of the Mahon tribunal will reassure people that we are trying to play our roles honestly and without fear or favour. The politicians who came before the tribunal also worked hard for their constituents and people should have confidence that their elected representatives will do the right thing without being beholden to special interests. Tribunals can also establish accountability, blame and retribution.

The Law Reform Commission suggests that political considerations form part of the functions of a tribunal and that Governments establish them for political reasons, although I am not sure I agree. The commission argues that by establishing a tribunal, Governments can be seen to be doing something.

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