Dáil debates

Wednesday, 22 April 2015

Legal Services Regulation Bill 2011: Report Stage (Resumed) and Final Stage

 

11:30 am

Photo of Pádraig Mac LochlainnPádraig Mac Lochlainn (Donegal North East, Sinn Fein) | Oireachtas source

Like Deputy Collins, I welcome the fact that the Government has addressed the concerns we had through amendments Nos. 42 and 43.

I will set out a relevant example for amendment No. 44. Not long ago, the former Secretary General of the Department of Justice and Equality, Brian Purcell, came before the Oireachtas Joint Committee on Justice, Defence and Equality. He restrained himself from giving evidence because of matters now subject to investigation by the Fennelly commission. I am concerned that the Bill as currently worded could allow a broad opportunity for someone not to appear before an Oireachtas committee to give account. It could limit the ability of a committee to work. Obviously, if someone came before an Oireachtas committee and explained that because of legal privilege and matters subject to decision by a court he cannot give evidence, the committee would have to accept that, as we did, reluctantly, in the case of Brian Purcell. However, I am concerned that the wording is a little too broad and too open to interpretation. It may limit the ability of the Oireachtas justice committee or any committee to hold a body to account. That body may be independent but it is funded by the taxpayer and plays an important role on behalf of the public. That is my concern.

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