Brian Cowen (Laois-Offaly, Fianna Fail)

I respectfully suggest that in areas of criminal law, gardaí or law enforcement officers do not act except on foot of a complaint from an individual citizen. In respect of a civil assault, for example, they would not proceed in the absence of other evidence unless they received a complaint. They would not have the evidential basis on which to proceed. It is not true to claim, therefore, that people can act under the criminal code in the absence of a complaint. In many cases, a complaint is required before action can take place.

Apart from that, it is a civil law matter relating to ethics requirements either under the ethics legislation or the Electoral Acts. In regard to issues of ethics, we have established the commission to act on the basis of complaints. That is eminently reasonable. I regard the idea that an adverse situation could obtain in respect of a Member of the House in the absence of a complaint as offending the principle of fairness. If it is the case that the general category of people who can complain have not taken the opportunity to do so, an inappropriate imbalance would be created if an inquiry officer was appointed in the absence of any complaint from anybody. Even in the absence of an inquiry officer, one can still conduct an investigation on one's own initiative, which itself is a substantive procedure. The appointment of inquiry officers who can visit Members' offices to state they have been appointed by a commission, however eminent, to inquire into something but who on being asked whether a complaint was made can reply "No" goes beyond what is fair and reasonable, given the adverse circumstances that would as a result obtain for that Member or officeholder even in the absence of evidence and the inquiry going into the sand. I do not think that is right.

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