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Broadcasting Bill 2008 [Seanad]: Second Stage (Resumed) (6 Nov 2008)

Bernard Durkan: ——would be interested in knowing what goes on here all the time. Does the Acting Chairman agree with me?

Broadcasting Bill 2008 [Seanad]: Second Stage (Resumed) (6 Nov 2008)

Bernard Durkan: Especially people in Tallaght.

Broadcasting Bill 2008 [Seanad]: Second Stage (Resumed) (6 Nov 2008)

Bernard Durkan: Hear, hear.

Broadcasting Bill 2008 [Seanad]: Second Stage (Resumed) (6 Nov 2008)

Bernard Durkan: Absolutely. It is very important.

Tribunals of Inquiry Bill 2005: Second Stage (Resumed) (6 Nov 2008)

Bernard Durkan: The explanatory memorandum states: The purpose of the Bill is to consolidate and reform: the Tribunals of Inquiry (Evidence) Act 1921; the Tribunals of Inquiry (Evidence) (Amendment) Act 1979; the Tribunals of Inquiry (Evidence) (Amendment) Act 1997; the Tribunals of Inquiry (Evidence) (Amendment) Act 1998; the Tribunals of Inquiry (Evidence) (Amendment) (No. 2) Act 1998; the Tribunals of...

Tribunals of Inquiry Bill 2005: Second Stage (Resumed) (6 Nov 2008)

Bernard Durkan: When I discuss the report in a moment Deputy Byrne, as a new Member, would do well to listen.

Tribunals of Inquiry Bill 2005: Second Stage (Resumed) (6 Nov 2008)

Bernard Durkan: I have done so. This is a simple matter. The Minister should have addressed himself to the reasons the Morris tribunal was established. Why was the Government reluctant to allow an inquiry to be held? Deputies should remember the extensive debate we had in the House on the necessity of establishing an inquiry into the events subsequently inquired into by the Morris tribunal. The issues...

Tribunals of Inquiry Bill 2005: Second Stage (Resumed) (6 Nov 2008)

Bernard Durkan: I always speak through the Chair. I sometimes look away, however, so as not to sound personal.

Tribunals of Inquiry Bill 2005: Second Stage (Resumed) (6 Nov 2008)

Bernard Durkan: The Minister fed information to a backbencher who was not even in the House when that particular tribunal——

Tribunals of Inquiry Bill 2005: Second Stage (Resumed) (6 Nov 2008)

Bernard Durkan: It is not. The information was fed by Government or by the Minister, by some means or other, to a rookie Member of the House, who was not here when the tribunal of inquiry was set up and knew nothing about it — and tended to judge the manner and methodology used by Members of the House in the pursuit of their business. I am amazed nothing has happened as a result of that. It was an...

Tribunals of Inquiry Bill 2005: Second Stage (Resumed) (6 Nov 2008)

Bernard Durkan: I had already dealt with Mr. Justice Morris before the Minister of State came into the Chamber. I have explained that Mr. Justice Morris, respected member of the Bench that he is, has no authority whatsoever to tell Members of this House how they should do their business. That is a matter for him and he is prevented from so doing by the Constitution, as the Minister of State well knows.

Tribunals of Inquiry Bill 2005: Second Stage (Resumed) (6 Nov 2008)

Bernard Durkan: He is not entitled to do anything of the sort.

Tribunals of Inquiry Bill 2005: Second Stage (Resumed) (6 Nov 2008)

Bernard Durkan: I am sorry, but the Minister of State had better read it again. The powers——

Tribunals of Inquiry Bill 2005: Second Stage (Resumed) (6 Nov 2008)

Bernard Durkan: ——that the Oireachtas devolved are contained in the tribunal's terms of reference. Anything that relates to the constitutional position of the Judiciary, the courts and the House remains the same. They are not set aside. No attempt has been made to set them aside, nor can there be.

Tribunals of Inquiry Bill 2005: Second Stage (Resumed) (6 Nov 2008)

Bernard Durkan: It is as simple as this, but if the Minister of State wants to go down that road, I shall be happy to entertain him. However, I would not go too far if I were he. Suffice to say that serious problems arose in policing in Donegal to which that tribunal refers. Any attempt by a Member of the House to try to justify and cover this up by making an attack on the Members of the Opposition is...

Tribunals of Inquiry Bill 2005: Second Stage (Resumed) (6 Nov 2008)

Bernard Durkan: The knowledge the Minister of State has as regards these issues is obviously much superior to mine. However, I should not venture down that road.

Tribunals of Inquiry Bill 2005: Second Stage (Resumed) (6 Nov 2008)

Bernard Durkan: I always did. I must emphasise that I was a Member of this House during all those proceedings. I listened and learned as I watched the daily occurrences. I saw and heard, as did the Acting Chairman, as all the allegations were being made. I saw that innocent members of the public were imprisoned for something they had nothing to do with. The Minister did not see fit to comment on that at...

Tribunals of Inquiry Bill 2005: Second Stage (Resumed) (6 Nov 2008)

Bernard Durkan: ——--why is he interrupting? The Minister of State is in the business of interrupting. He will have an opportunity to speak.

Tribunals of Inquiry Bill 2005: Second Stage (Resumed) (6 Nov 2008)

Bernard Durkan: If he wants to elucidate further on the Minister's previous outburst in the House, then he can do so.

Tribunals of Inquiry Bill 2005: Second Stage (Resumed) (6 Nov 2008)

Bernard Durkan: Far be it from me to encourage the Minister of State. He is very good at encouraging himself, on any occasion that he gets overly exuberant. In the event, I shall do my utmost, with the good help of the Acting Chairman, to curtail his activities.

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