Áine Collins (Cork North West, Fine Gael) | Oireachtas source

I welcome the opportunity to speak on this Bill. We as public representatives are constantly asked by our constituents why people or institutions whose actions damage the welfare of the State are not brought to account. In most other democratic states, the houses of parliament have the power of inquiry. These inquiries in other countries are a very cost-effective way of holding inquiries. They challenge official and public representatives, former politicians and state and semi-state agencies. Their parliamentary committees have the power to summon witnesses, make determinations and call to account any persons accused of wrongdoing.

In the Abbeylara judgment, it quickly became obvious that this could not happen here. The Irish Constitution lacked a specific provision for the holding of parliamentary inquiries. As a result of the Abbeylara judgment, when an issue needs to be examined, it must be dealt with by a sworn public inquiry. These inquiries are hugely expensive for the taxpayer and so legally complex that they seldom produce clear results, as we have learned in the past. This Government considered the huge cost to the taxpayer of such inquiries and their inadequate outcomes. We decided to ask the people in a referendum to give the Houses of the Oireachtas power to carry out such inquiries in a similar way to that done in other countries. However, the people chose not to endorse the Government's attempt to change the Constitution to facilitate such inquiries.

The Government has now looked at introducing this Bill. This Bill will hopefully allow the Government to hold meaningful inquiries within the limits of the Constitution. Inquiries to be held under this Bill are still limited in value. This respects the Supreme Court's decision and the recent decision of the people. There seems to be a contradiction between the people's decision not to change the Constitution and their continuing demand for inquiries. In particular, we hear calls for a banking inquiry. Despite the best intentions of this Government in introducing this Bill, the actions of any inquiry will be subject to challenge under the Constitution. I believe a multiplicity of legal challenges will greatly reduce the effectiveness of this Bill.

We as lawmakers must try to establish the most effective way of dealing with this. The Minister is to be complimented for the way he is dealing with this comprehensive and complicated legislation. Initially, the heads of the Bill were forwarded to the relevant Oireachtas committees for pre-legislative scrutiny. The Oireachtas Joint Committee on Finance, Public Expenditure and Reform was briefed by officials from the Department. The committee decided to invite the public to submit observations. Many submissions were received, which the House must now consider. Fianna Fáil and Sinn Féin have made detailed submissions. The Labour Party as a partner in government has also contributed to this debate. Opinions from all sides are more than welcome.

In order for this Bill to be successful, it must be examined carefully at every stage of its progress through the Dáil and Seanad. It must respect the will of the people and the Constitution. At the same time, it must create a process that will satisfy the unquestionable will of the people. They want to have the issues that seriously affect their daily lives examined. The Irish people want to see the people who destroyed the banking system and caused the loss of our economic independence through their mistakes and incompetence brought to account. We will suffer from this for many years. This legislation should form the basis for a banking inquiry. Any inquiry will be limited due to constitutional restraints and the Supreme Court decision in the Abbeylara case. An inquiry will not be able to attribute blame or guilt to persons before it but calling witnesses, examining the processes used and issuing a detailed report will help. The general public will be able to draw its own conclusions.

If politicians act responsibly in this manner and carry out inquiries effectively, at a later date, the electorate might reconsider its recent decision on the constitutional amendment. This would allow for a more effective system of inquiry as happens in many other countries. This Bill will provide for fairness in the process and clarity. It underpins any of the five proposed inquiry models and provides a set of rules and procedures to ensure they do not fall foul of the Constitution. It is important to note that this legislation does not allow for findings to be made against ordinary members of the public. Only high ranking individuals will be regarded as accountable to the Dáil.

The Bill also introduces rules to limit legal costs. I have no doubt that this will prove difficult. A panel of cost accountants will be in place and there will be an adjudication process to decide if costs are applicable. I have no doubt that outcomes from these inquiries will have various degrees of success or failure, particularly considering the constitutional restrictions the Minister is working under. This Bill goes as far as is legally possible. Hopefully, it will produce the answers the people are demanding. I commend this Bill to the House.

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