Finian McGrath (Dublin North Central, Independent) | Oireachtas source

Some of my colleagues have spoken about a commission of investigation. At the start of the peace process in Northern Ireland, George Mitchell was brought in, as was General John de Chastelain, who dealt with the arms. They were brought in because they were independent, objective and very professional, and by God did they deliver. We should consider having an external, independent person come in to give us an objective, definitive analysis. That is what the Irish people want and demand. I strongly support that position.

In respect of this motion, the defeat of the Oireachtas inquiry referendum and the Abbeylara judgment mean that the inquiries legislation is somewhat restricted. A committee cannot make findings of fact against a third party but it can make findings against the officeholder. The Standing Orders provide for five different types of inquiry and the draft document on these runs to 12 pages. There is a technical amendment on page 3 to the effect that the Dáil, not the committee, appoints the chairperson.

For example, if the chair has to be replaced for any reason, then it will be the Dáil which will have responsibility for replacing the chair.

Pages 4, 5 and 6 outline the first of the two substantive Standing Orders, with this first Standing Order dealing with the issue of bias. If there is a perception of bias from someone on the committee or the chair, including if someone perceives themselves to be biased, then the committee must seek the opinion of the CPP, which will then consider the matter and make recommendations to the Dáil. However, as my colleagues have said, while there is an issue of bias, everybody has had a view on the banking crisis. In fact, if any Deputy had been in the House for the past couple of years and did not have a view, I would be very worried about them. If the perception of bias comes from a third party, then that third party must make a submission to the CPP, which will then consider the issue and make a recommendation to the Dáil.

Page 7 contains a technical amendment which is designed to beef up the powers of the CPP, including providing the CPP with the power of compellability to particular committees that are making inquiries. It gives the CPP the power to issue guidelines and it provides it with a new role to deal with perceptions of bias. In regard to bias, it is important to note that "any utterances", whether in Chamber or the media and so on, will be considered to represent bias. As I said, the vast majority of Deputies and Senators have all expressed some view, and the bias issue is dealt with very strongly.

Pages 8, 9 and 10 contain the key Standing Order. If a committee wants to run an inquiry, it must submit a proposal. This Standing Order sets out the guidelines for what this proposal should contain, including the type of inquiry and the relevant dates, persons, organisations and so on. The CPP will then consider the detailed proposal and lay a motion before the Dáil, which will make a decision whether or not to give approval for the inquiry to proceed.

In conclusion, I ask the Government to consider the whole idea of having an independent person carry out this inquiry.

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