Michael Noonan (Limerick City, Fine Gael) | Oireachtas source

I would not disagree with the objective stated by the Deputy for an inquiry. It has to be a fully open inquiry and must pursue the facts wherever that pursuit leads. The Deputy is aware that there was a referendum which would have empowered an Oireachtas committee, or committees, much more strongly than they are currently empowered. I still think, however, that the inquiry can be conducted within the present constitutional parameters. Even though some people would like the power in a committee to have adverse findings against individuals, that is principally a matter for the criminal justice system. The gardaí are investigating and we do not want to have a situation arising where a committee cuts across the judicial system because then one might prejudice a trial. We have had examples of that before where words spoken indiscreetly made it impossible for a trial to proceed. We certainly do not want that.

As regards the terms of reference, my understanding from the Minister for Public Expenditure and Reform, Deputy Howlin, is that when the Bill proceeds through the House and is passed, the inquiry will effectively be in the ownership of the House. It will then be up to the committee and the House to decide the terms of reference of that committee.

The Bill is in process at present and I invite Deputies to contribute to the process of the legislation and give their advice to the Minister.

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