Seán Barrett (Dún Laoghaire, Ceann Comhairle)

At the beginning of statements on the report of the Moriarty tribunal, I outlined to the Members that the House is not a court of law. Questions of guilt or innocence are matters for decision by the courts. There is an onus on Members, if at all possible, to avoid referring to others in a manner which could be construed as being prejudicial to any subsequent investigations that may be deemed necessary by the appropriate authorities.

In that context and as Ceann Comhairle, I feel there is an obligation on the House to ensure the protection of the rights of any Member to be heard, where he or she may be subject to a motion of censure by the House. It is important to note that the proposed order to take this motion affords Deputy Lowry the opportunity to speak if he so wishes. I would not like to lay blame on the Government for this matter. My views were made known to the Government that I felt obliged to make this point on natural justice. It is a matter for Deputy Lowry if he wishes to take the opportunity. I appreciate fully that the parties and groups in the House agreed to take this motion without debate, but as a matter of justice, when we are censuring a Member, he or she should have the right to be heard, if he or she so wishes. If he or she wishes to forgo that right, then so be it.

See this speech in context