Brian Cowen (Laois-Offaly, Fianna Fail)

There has been comment in the media on the issue of compellability, an issue of interest and importance to people. If changes are to be made to compellability, they must be done carefully and subject to scrutiny. The Supreme Court has held that Oireachtas committees cannot use their compellability powers to make adverse findings of fact or opinion against a non-Member of the Oireachtas; it advises the only appropriate vehicle for that is a tribunal of inquiry. The committee can only ask questions relevant to its terms of reference in the proceedings it is conducting and any changes to terms of reference would have to be carefully drafted and strictly adhered to. It is important to note that certain evidence is exempt from scrutiny, including anything that could prejudice investigation, apprehension or prosecution of offences. In this regard, it is noted that recent developments suggest the Director of Corporate Enforcement and/or the gardaí could be interested in investigating developments in the banks. In any changes to the terms of reference of committees' remits, it is vital that no action which has the potential to interfere with existing investigations by, for example, the Director of Corporate Enforcement, ensues.

The Chief Whip answered a media query on the matter but a formal request to see how such an approach could be considered would need to be pursued.

I cannot answer the Deputy directly on the health issue, I am not sure what the reference is to. In the area of health, we are working to lower professional fees as part of the Bill. The child care supplement amendment and the pension levy will be incorporated in the Bill.

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