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Seanad: Commissions of Investigation Bill 2003: Committee Stage. (6 Jul 2004)

Brian Hayes: I move amendment No. 25: In page 19, before section 23, to insert the following new section: 23.—Within three months of the passing of this Act, the Minister in consultation with the Minister for Finance shall publish a table of the maximum level of legal fees payable by the State to barristers and solicitors engaged by witnesses or other persons appearing before or connected with a...

Seanad: Commissions of Investigation Bill 2003: Committee Stage. (6 Jul 2004)

Brian Hayes: Good.

Seanad: Commissions of Investigation Bill 2003: Committee Stage. (6 Jul 2004)

Brian Hayes: On the basis that prejudice recognised is prejudice defeated, I will accept the Minister of State's word.

Seanad: Commissions of Investigation Bill 2003: Committee Stage. (6 Jul 2004)

Brian Hayes: I move amendment No. 26: In page 20, subsection (2), between lines 12 and 13, to insert the following paragraph: "(a) the witness fully and completely co-operated with the commission,". This deals with the recovery of legal costs necessarily incurred and certain other expenses. Section 24 should be stronger to deal with cases in which people do not co-operate with the commission. Amendments...

Seanad: Commissions of Investigation Bill 2003: Committee Stage. (6 Jul 2004)

Brian Hayes: There is a level of agreement here. The only difference between the Minister of State and myself is that I thought it would be more useful if this were specified in section 24(2) in the same way that subsection (1) specifies that before a direction is given to pay costs the commission must be satisfied that the legal costs were necessarily incurred and the level and amount of those costs are...

Seanad: Commissions of Investigation Bill 2003: Committee Stage. (6 Jul 2004)

Brian Hayes: In section 24(3)(e) the inclusion of the words, "the degree of failure" is an indication that the commission can weigh up the quality of the co-operation given over a period of time. If someone has unwittingly failed to co-operate but has co-operated in every other degree and aspect, that can be weighed up. That is sensible and I withdraw the amendment.

Seanad: Commissions of Investigation Bill 2003: Committee Stage. (6 Jul 2004)

Brian Hayes: I move amendment No. 29: In page 24, subsection (4), line 40, to delete "specified Minister" and substitute "Houses of the Oireachtas". I will withdraw the amendment on the basis that it may be reintroduced on Report Stage.

Seanad: Commissions of Investigation Bill 2003: Committee Stage. (6 Jul 2004)

Brian Hayes: Freedom of information will not apply to the records of an investigation by a commission but will it apply to correspondence between a commission and the Minister who establishes it? I am concerned about our right to know the state of play with a commission. The Minister has an absolute right to get the report and documentation but we all have a right to see the documentation.

Seanad: Commissions of Investigation Bill 2003: Committee Stage. (6 Jul 2004)

Brian Hayes: If the commission is established and is under the ownership of a Minister, it is vital that Members of the Oireachtas and the public know what is going on in the discussions between the commission and the Minister. I am not suggesting that any information at the disposal of the commission should be made public but there is a right of knowledge on issues such as fees, resources and staff. None...

Seanad: Order of Business. (7 Jul 2004)

Brian Hayes: On behalf of this side of the House, I congratulate the Leader——

Seanad: Order of Business. (7 Jul 2004)

Brian Hayes: ——on standing up to the Minister for Transport, who showed unbelievable neck, cheek and arrogance in thinking that a Bill of this magnitude could be brought to the House tonight, to be rubber-stamped tomorrow and the entire matter put in place within 24 hours. This act of bullying was stopped by the Leader and she is to be congratulated on her actions in this regard. We find ourselves in...

Seanad: Order of Business. (7 Jul 2004)

Brian Hayes: A Chathaoirligh, I am being interrupted.

Seanad: Order of Business. (7 Jul 2004)

Brian Hayes: Withdraw what remark?

Seanad: Order of Business. (7 Jul 2004)

Brian Hayes: To be clear about this, does Senator Leyden have a difficulty with the fact that he is being grouped with other colleagues who have expressed opposition to the Minister for Transport's plans?

Seanad: Order of Business. (7 Jul 2004)

Brian Hayes: On the basis that I might offend the good Lord almighty, I will withdraw the comment.

Seanad: Order of Business. (7 Jul 2004)

Brian Hayes: To take lectures from that Senator on issues of integrity and probity is a bridge too far.

Seanad: Order of Business. (7 Jul 2004)

Brian Hayes: I said what I have said, Sir. On today's Order of Business, the point I was making is that when the matter is debated in the House next week——

Seanad: Order of Business. (7 Jul 2004)

Brian Hayes: ——how can we possibly amend the Bill in question given that if an amendment was passed, the Bill would have to go back to the Dáil and that cannot happen?

Seanad: Order of Business. (7 Jul 2004)

Brian Hayes: The Minister for Transport may not be in his job by then.

Seanad: Order of Business. (7 Jul 2004)

Brian Hayes: This is a matter for today and I put it to the Cathaoirleach and the Leader that the way in which the Government has dealt with this issue is appalling. It shows no respect for the Houses of the Oireachtas to handle it in this way. We are talking about people's livelihoods in different regions.

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