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

Bernard Durkan: I shall reiterate the points I have already made. The Minister's attitude was outrageous. He completely failed and I do not know why he raised that issue. He could not have raised the issue on behalf of the gardaí throughout the country who are doing their duty. They certainly did not ask him to raise the issue. Perhaps some innocent people were accused, but then many other innocent...

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

Bernard Durkan: That applies to the chairman of the tribunal as well.

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

Bernard Durkan: The Minister of State keeps interrupting me and the last time I heard from him was when he was snoring during a radio interview——

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

Bernard Durkan: He is a constituency colleague of the Acting Chairman, as well, and I realise special allowances have to be made in those circumstances, but he should not be ——

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

Bernard Durkan: ——allowed too much latitude, or else——

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

Bernard Durkan: ——I could imitate him and start interrupting him, too.

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

Bernard Durkan: The Acting Chairman will be very impartial. I am quite sure that is the case. We have a multiplicity of tribunals of inquiry that have cost multifarious millions of euro. While they had to be set up in the first place by the Houses of the Oireachtas, and they have done a good job, however ponderously, if it had been possible to ventilate these issues in the Parliament, there would have...

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

Bernard Durkan: However, as a Member of this Parliament, I found that a very strange situation. I know that people's reputations have to be protected, and what proceeds——

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

Bernard Durkan: That is quite true and do not forget that this happens in the courts as well. One can be libelled in the courts, but nobody cares a peg and it makes no difference. I can go into court and in the course of giving evidence make all types of allegations, for which I will not be held responsible or made accountable. I am afraid extraordinary regulations, curtailments and restrictions are...

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

Bernard Durkan: It was the courts that made the decision although the Oireachtas set up the inquiry within the Houses of the Oireachtas. I was involved in the DIRT inquiry and at that time there was significant debate as to whether the Houses of the Oireachtas had the right or ability to carry out an inquiry. They had, and they did it. There were legal questions raised at the time, but some of us were of...

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

Bernard Durkan: Nor the Minister of State, Deputy Lenihan, who is still here and as vibrant as ever.

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

Bernard Durkan: There are questions to be answered about inquiries. The terms of reference and how the inquiry will take place must be set out clearly. The length of time for an inquiry and the expected cost must also be borne in mind. There is a need for a report to be provided within a reasonable time; I am aware this is provided for in the legislation. We must also recognise the need for a separation...

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

Bernard Durkan: They found out by what happened in the past. In my view, this is the one thing we should have learned from the past ten or 12 years. We should learn well from those years.

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

Bernard Durkan: Young Deputies should not disrespect older Deputies either.

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

Bernard Durkan: We never said they were not entitled to speak.

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

Bernard Durkan: That is something to which I do not aspire at all.

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

Bernard Durkan: Of course, the Government would never indulge in that.

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

Bernard Durkan: That is correct. Members of Fianna Fáil did so too.

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

Bernard Durkan: There was a good chance it might never have been reported if people did not comment.

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

Bernard Durkan: The poor old barristers also have to make a living.

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