Enda Kenny (Mayo, Fine Gael) | Oireachtas source

I will send a letter to Deputy Micheál Martin and the other party leaders on the up-to-date position of the commissions of investigation that have been established. The Deputy previously suggested the establishment of a permanent inspectorate for public inquiries that would be professional, deal with issues in a timely fashion and have the experience to know which direction should be followed. For his information, the proposal was considered by the Law Reform Commission in 2005 when it dealt with the report on public inquiries, including tribunals of inquiry. I am open to the idea. The Law Reform Commission made three points. It said that, over time, an inspectorate's staff would become experienced in investigation and would be paid salaries rather than a daily rate, resulting in savings to the Exchequer. Second, the office would have easy access to precedence and guidance on procedural issues. Third, it would provide a one stop shop for those seeking information on inquiries.

The commission also listed some disadvantages. Although there were a number on inquiries at the time, there was no guarantee that there would be a need for a similar body in the future. The commission also said that public inquiries are, by their nature, ad hocand their structure and personnel should reflect this. Having weighed up the advantages and disadvantages, the commission did not recommend the establishment of a permanent standing inspectorate. It did, however, recommend the establishment of a central inquiries office that would be charged with collecting and managing a database of records and information regarding public inquiries. This would provide those charged with establishing and running public inquiries easy access to precedence, guidance on a wide variety of matters pertinent to their inquiry - including legislation - procedural issues, the drafting of terms of reference and administrative matters.

It should be borne in mind that the Law Reform Commission report was published in 2005, the year after the enactment of the Commissions of Investigation Act 2004. Obviously, since then we have had a number of commissions of investigation. Any decision to establish a permanent inquiries inspectorate or a central inquiries office would have to take into account the experience gained in the intervening period, as well as the Law Reform Commission's report and other relevant factors.

I would be open to having a rational discussion in the House about this matter. Protected disclosures are flooding in and they are very complicated and complex. Ministers have a duty and a responsibility for them, but cannot actually talk about them. While other cases are to follow, many of the cases raised with me by Deputy Micheál Martin a few years ago are still coming back in. They were examined by senior counsel but people are still dissatisfied. Perhaps the House should consider the idea recommended by the Law Reform Commission. I may put this in train and see what will come of it.

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