Seán Barrett (Dún Laoghaire, Ceann Comhairle)

Before we move on to statements on the Moriarty tribunal I beg the indulgence of the House. As my predecessors have ruled in similar circumstances, while the Chair fully acknowledges that the House is about to embark on a discussion of a tribunal of inquiry report which criticises named individuals who are very much in the public domain, I ask Members to be mindful when making their contributions to take into account as far as it is humanly possible the long-standing convention of this House, namely that Members should avoid criticising or making charges against a person outside the House as he is defenceless against accusations made under privilege.

Standing Order 59 offers some protection and safeguards to persons in this regard. However, these are limited but it remains the case that serious allegations, in particular against any member of the Judiciary, should not be made under privilege. Members should also remember that the House is not a court of law and questions of guilt or innocence are matters for decision by the courts. Adjudication on aspects of current controversy under fair and proper procedures rests elsewhere in accordance with the law and not with the House. There is therefore an onus on Members to avoid, if at all possible, referring to others in a manner which could be construed as being prejudicial to any subsequent investigations which may be deemed necessary by appropriate authorities. Any Member wishing to pursue such matters should table a motion to that end which, subject to the rules of order, can be moved and debated subsequently.

In other words, I wish to try to be fair to everybody in the course of the debate if that is humanly possible. I beg the co-operation of Members in that matter.

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