Dáil debates

Thursday, 15 September 2011

An Bille um an Tríochadú Leasú ar an mBunreacht (Fiosruithe Thithe an Oireachtais) 2011 — An Dara Céim / Thirtieth Amendment of the Constitution (Houses of the Oireachtas Inquiries) Bill 2011 — Second Stage

 

3:00 pm

Photo of Jerry ButtimerJerry Buttimer (Cork South Central, Fine Gael)

I commend this Bill to the House and acknowledge Deputy Tóibín's insightful contribution. This proposed amendment to the Constitution forms part of the Government's package of reforms. Yesterday we debated the Judiciary, while today's deliberations were necessitated by certain litigious lawyers who have made their fortunes from taxpayers' money spent on tribunals of inquiry. What was intended as an effective mechanism for investigating matters has become a cumbersome gravy train. A certain coterie of people have benefited from our tribunals, and that has to stop.

The ability of the Oireachtas to inquire into matters of fact and make determinations has developed in an ad hoc manner and at significant cost to the taxpayer. The Committee of Public Accounts has demonstrated through its DIRT inquiry that it can investigate matters in a fair and balanced manner. Its reports into the procurement of legal services by the State have revealed that three tribunals of inquiry cost €366 million. The Comptroller and Auditor General reported that the Moriarty tribunal alone will cost in excess of €113 million. Clearly, the State has paid out an inordinate amount on tribunals of inquiry.

The proposed amendment to the Constitution aims at providing a much needed alternative to the current expensive model. The Oireachtas and, more importantly, the people need a system of inquiry which is efficient, based on facts and permits the development of necessary policies in a timely manner.

In November 2009, Cork was ravaged by floods. Quay walls collapsed, bedrooms were flooded and cars were carried along the city's streets. Water supply to half the city was interrupted. However, we lacked an efficient system of inquiry to investigate the causes of and responses to this devastation. The Oireachtas Committee on the Environment, Heritage and Local Government issued a report on the flooding but instead of setting out the causes of the disaster it merely called for a second legally binding inquiry. The Department of the Environment, Heritage and Local Government reviewed the issue and Cork City Council received a report from its city manager. Despite all these investigations, the people of Cork have not yet received a proper answer. The committee subsequently conducted a review of the response to the severe weather events of 2009 and 2010 and published another massive tome which offered little by way of answers to those affected.

The State clearly lacks a proper system of inquiry which would not incur hefty legal expenses. The constitutional reforms proposed by the Minister would provide the basis for implementing such a system. The people, and their parliamentary representatives, must be able to get answers. I welcome this proposal and, in particular, the Minister's comments regarding change, effective governance and holding Government to account. If the proposal is accepted by the people by way of referendum, Members on all sides of the House will have an opportunity to participate in meaningful inquiries into matters of genuine public importance. With that power will come a responsibility to uphold constitutional principles. Those participating in any inquiry must be unbiased in their approach and devoid of a desire to grab headlines. If investigations are to be thorough, there may be a need to reconsider the operation of the party Whip system in respect of inquiries. In that context, I urge the Minister to consider the Committee of Public Accounts as a model of operation for parliamentary inquiries under this proposal. I commend the Bill to the House.

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