Enda Kenny (Mayo, Fine Gael)

Yesterday we discussed with the Tánaiste the commission of investigation, the secret inquiry into banking and what went wrong with regulation and policy. I have looked at this again. The law, as it stands, is such that the terms of reference for any commission must be drawn up by the Executive. This leads to talk of reports being laid before the Oireachtas and of the Oireachtas being briefed, with a consequent discussion in the House. There is no way for the Oireachtas to amend the terms of reference if it wishes; it can only talk and produce hot air. If the Tánaiste wants to back up and verify the truth of the words of the Taoiseach, who said he wanted the Oireachtas involved at every step of the way, she should note "every step of the way" means being involved in the drawing up of the terms of reference. As the law stands, the Oireachtas has no function in the drawing up of the terms of reference. To give effect to the Taoiseach's wish, will the Tánaiste allow the Oireachtas to amend the terms of reference if it so wishes? This necessitates discussions with the Opposition parties and it would allow the House to propose amendments to the terms of reference drawn up by the Cabinet.

Former Supreme Court Judge Ms Catherine McGuinness said yesterday people cannot have trust or faith in secret meetings and deliberations behind closed doors. I agree, as do 91% of the population, and this is why I made my point on people giving their evidence on policy and regulatory matters in public at the investigation. There would be no constitutional or legal impediment to their doing so. What vehicle does the Government intend the Oireachtas to use in this regard? Is it intended to give chairmanship of the Oireachtas committee to a member of the Opposition in order to deal with the public perception of there being a closed circle? Under no circumstances would the Government, with a Fianna Fáil chairman, want to have witnesses giving evidence, on its behalf, that might be deemed to be somewhat-----

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