Peter Fitzpatrick (Louth, Fine Gael) | Oireachtas source

This Bill aims to develop a comprehensive statutory framework for the conduct of inquiries by the Oireachtas. It arises as a result of the Abbeylara judgment, the rejected 2011 referendum and surrounding commentary, a report by the Committee of Public Accounts on the preliminary framework for the Oireachtas inquiry into the domestic banking crisis, as well as the Callely case which awaits a Supreme Court judgment.

The Bill will replace and update existing legislation to provide a system for the establishment and administration of Oireachtas inquiries together with related matters regarding private parliamentary papers and privileges. It provides for five general types of Oireachtas inquiries, namely, an inquiry to record and report with regard to any specific issue which can make findings of uncontested fact and draw attention to matters in dispute; a legislative inquiry into any matter which could be legislated for by the Oireachtas; an inquiry relating to the removal of an office holder, such as under Article 12.10, impeachment of the President, under Article 33.5, removal of the Comptroller and Auditor General, or under Article 35, a judge of the Supreme Court or the High Court; an inquiry relating to conduct of a Member of the House in his or her capacity as a Member; and an inquiry to hold the Government to account and also to hold to account any person liable to Dáil scrutiny by contract or statutory appointment.

The Government objective is to clarify and consolidate the circumstances under which the Oireachtas may conduct inquiries within the current constitutional framework as set down by the Supreme Court judgment in the Abbeylara case. This extensive and lengthy Bill repeals almost all existing legislation in the area and consolidates these and new provisions into one piece of legislation.

The Bill is divided into Parts, including preliminary and general provisions, types of inquiry, fair procedures of inquiries, reports of inquiries and related confidential documents, legal costs and expenses, compellability, privileges and immunities relating to other Oireachtas committee business, privilege and immunity for Oireachtas Members and committees, restriction of evidence of certain persons, applications to the High Court, privilege relating to private papers and confidential communications concerning Oireachtas Members, privileges relating to official documents, evidence on oath, the laying of documents and miscellaneous provisions.

Most offences under the Bill relate to refusal to co-operate, withholding of evidence and attempt to subvert an inquiry, such as by intimidation and bribery. Offences under the Act are punished as follows: on a summary non-jury conviction of a class A fine, up to €5,000 or imprisonment for up to six months or both; on conviction on indictment to a fine of up to €500,000 or imprisonment for up to five years, or both.

One of the principal challenges in any attempt at reform of the law relating to public inquiries is that while such inquiries are not a court of law, they frequently and very publicly delve into allegations of wrongdoing which, even if not leading to any kind of civil or criminal liability, can irreparably damage the good name of an individual. The Abbeylara inquiry was found to have contravened two constitutional principles of fair procedure.

The Bill provides the necessary detailed legislative framework for the Houses of the Oireachtas to conduct a possible banking inquiry. Therefore, it is important that the Bill passes all Stages before the summer recess.

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