Dáil debates

Wednesday, 20 January 2010

10:30 am

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)

It may well be that the governor of the Central Bank, a person to whom no fault can be imputed, wants an inquiry because the Central Bank was obviously centrally involved in this.

I want to ask the Taoiseach two further questions. First, he said that when the commission of investigation completes its work, it will all be done in private. The findings of the commission of investigation, as the Taoiseach said, will be published, considered and debated by the Oireachtas committee, presumably under the control of a Fianna Fáil chairman. What is the function of that consideration if, for example, somebody produces evidence of a "deep throat" nature that was not considered by the commission of investigation? Will the Oireachtas committee have the opportunity and responsibility for further investigation, if necessary? Will it be in a position to change the published findings of the commission of investigation if such evidence were to come forward?

Second, my contention is that, under the current structure, neither the Taoiseach, Mr. Charlie McCreevy or Deputy Bertie Ahern, as people involved in the Department of Finance and high political office, will be required to give evidence in public. However, I take the Taoiseach at his word. He has said on more than one occasion that he always accepts responsibility for his actions, he stands over them and he wants to co-operate in whatever way is possible in the public interest. I accept that. If that is the case, he will be aware that the Commissions of Investigation Act 2004, section 11, clearly states:

A commission shall conduct its investigation in private unless—

(a) a witness requests that all or part of his or her evidence be heard in public and the commission grants the request,

or

(b) the commission is satisfied that it is desirable in the interests of both the investigation and fair procedures to hear all or part of the evidence of a witness in public.

I would like the Taoiseach to confirm now to the Dáil that, because there are no constitutional or legal impediments to a forensic analysis of the policy decisions that the Taoiseach directed as Minister for Finance and as Taoiseach, those hearings of the commission of investigation will be held in public in accordance with section 11 of the 2004 Act. That would go some small way to at least enabling the public to see some people answer for policy decisions that were taken when they were given that responsibility. Will the Taoiseach direct, as is his right, that the terms of the reference for the commission of investigation stipulate that the policy analysis of himself and his fellow Ministers and predecessors will be heard in public?

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