Micheál Martin (Cork South Central, Fianna Fail) | Oireachtas source

It is not agreed. I do not intend to force a physical vote on this. I just want to highlight my grave reservations about the import and impact of this Bill, the implications of which have not been widely circulated. I have been informed by my party Whip that the Whips were informed at a meeting of the Committee on Procedure and Privileges that significant limitations are to be imposed on what the Central Bank can disclose to the banking inquiry committee. I understand that up to 60% of the documentation may not be fully accessible by the banking inquiry. I stand to be corrected in that regard. It seems that the documentation will be stored in a central location. While the members of the banking inquiry committee will have access to that documentation, they will not get copies of it and it will not be available for public scrutiny. I am informed that some of this relates to EU directives. My party and I have not received any real written presentation on the degree to which the Central Bank can provide this documentation to the banking inquiry. How much documentation is there? What use can be made of that documentation? I understand it will not be made public when it goes to the banking inquiry committee. I understand that no individual or corporate can be named. It is possible that when the members of the inquiry are questioning Central Bank officials, they will not be able to ask questions about specific banks, corporates or individuals. This should have been flagged well in advance of the establishment of the banking inquiry. Were the limitations with regard to a key player and institution in the entire banking collapse understood?

The new Standing Order that will have to be introduced next week is significant because it provides that members of the banking inquiry committee may be sanctioned for "failure to comply with professional secrecy provisions in respect of confidential information provided under the Central Bank Act 1942". The proposed Standing Order states:

(1) Where confidential information has been provided pursuant to section 33AK(5) of the Central Bank Act 1942 a member shall not make an utterance during the course of proceedings which constitutes a failure to comply with the provisions of professional secrecy referred to in sections 33AK(6) and (6A) of the aforementioned Act. Where a member makes such an utterance during the course of proceedings it may prima facie be an abuse of privilege, subject to the provisions of this Standing Order.

(2) If, during the course of proceedings, it appears to the Ceann Comhairle that a member has made an utterance as described in paragraph (1), he or she shall refer the matter to the Committee on Procedure and Privileges: Provided always that the Ceann Comhairle may also at any time thereafter, on his or her own volition, refer any such matter to the Committee.

It goes on to say that a submission can be made within two weeks in these circumstances. We were given notice of this motion in tandem with the legislation, all Stages of which are to be put through today. We have got very preliminary legal advice of our own.

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