Charlie McConalogue (Donegal North East, Fianna Fail) | Oireachtas source

On first look I can understand why people might have concerns that the default position is that hearings should be held in public. However, in many other professions and in courts of law the default position generally is that hearings are in public. When something is serious enough to go to a public hearing, it is not just about investigating and assessing the complaint that is made. It is also about the transparency of the system and reassuring everyone involved and the wider public that there are good practices and systems in place to ensure those carrying it out do so appropriately and that there are mechanisms for them to be called to account if they do not.

Obviously in cases where findings are made against a person, it can be made public. Equally in a case that does not find against a person, if the default position is that they are always held in private, there will be questions outside from those who were not involved as to what exactly went on. Was it open and transparent? Was a proper hearing given to the complaint? If it is not in held in public as much as practicable and possible, that openness and transparency will not apply. In many cases where the person was found to be in the right, it could be to their benefit to have the circumstances around that aired and clearly seen by all.

It is important to have mechanisms to allow for them to be held in private in appropriate cases. I support the default position being that the hearings be held in public. I urge the Minister to consider whether it would be appropriate to have guidance in the legislation as to how private hearings would be held and the circumstances in which that would be appropriate. It is important that the default position is that the hearings be in public.

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