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Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Houses of the Oireachtas (Inquiries, Privileges and Procedures) Bill 2013: Committee Stage (5 Jun 2013)

Seán Fleming: There is no implication that the President did not sign the Financial Emergency Measures in the Public Interest Act.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Houses of the Oireachtas (Inquiries, Privileges and Procedures) Bill 2013: Committee Stage (5 Jun 2013)

Seán Fleming: I know the Minister agrees with me that the House should be able to conduct an inquiry into its own Members and my amendment allows that to happen once the individual is a Member of the House when the inquiry is set up. Otherwise, all the work will be set to nought. The Minister is arguing that there would be a victory of sorts if the person resigns his or her Dáil seat-----

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Houses of the Oireachtas (Inquiries, Privileges and Procedures) Bill 2013: Committee Stage (5 Jun 2013)

Seán Fleming: It would be a victory in itself. That is the point with which I am dealing.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Houses of the Oireachtas (Inquiries, Privileges and Procedures) Bill 2013: Committee Stage (5 Jun 2013)

Seán Fleming: Yes, it may well be, but it might also be the lesser of two evils for the individual concerned. I am just making that point because a Dáil career might not be everything-----

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Houses of the Oireachtas (Inquiries, Privileges and Procedures) Bill 2013: Committee Stage (5 Jun 2013)

Seán Fleming: I am talking about when a committee is just about to issue its findings.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Houses of the Oireachtas (Inquiries, Privileges and Procedures) Bill 2013: Committee Stage (5 Jun 2013)

Seán Fleming: What penalties are contained in this legislation? Is that penalty contained in the Bill?

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Houses of the Oireachtas (Inquiries, Privileges and Procedures) Bill 2013: Committee Stage (5 Jun 2013)

Seán Fleming: We can ask a Member to resign.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Houses of the Oireachtas (Inquiries, Privileges and Procedures) Bill 2013: Committee Stage (5 Jun 2013)

Seán Fleming: I understand the limitations of the Abbeylara judgment as they relate to Members of the House. However, there is an escape hatch in this Bill. My amendment draws attention to a gap in the system as I see it. I will withdraw the amendment for now but reserve the right to reintroduce a version of it at a later stage.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Houses of the Oireachtas (Inquiries, Privileges and Procedures) Bill 2013: Committee Stage (5 Jun 2013)

Seán Fleming: I move amendment No. 8: In page 16, before section 6, but in Part 2, to insert the following new section:“6.—No new Oireachtas committee shall be established under this Act other than a committee of inquiry.”.This amendment is very straightforward. The Minister will probably explain to me now how the legislation is not as it appears and that it does not do what it says...

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Houses of the Oireachtas (Inquiries, Privileges and Procedures) Bill 2013: Committee Stage (5 Jun 2013)

Seán Fleming: The Minister must accept that is not the way it reads, even if it is the Minister's intention that the tasks be assigned to existing committees. I accept the Minister's point that the Oireachtas should be able to run its own affairs, as far as possible, but there is primary legislation relating to this specific aspect-----

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Houses of the Oireachtas (Inquiries, Privileges and Procedures) Bill 2013: Committee Stage (5 Jun 2013)

Seán Fleming: Does the Minister accept the point that, on reading the legislation, one sees reference after reference to "a committee" under various sections of the Bill-----

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Houses of the Oireachtas (Inquiries, Privileges and Procedures) Bill 2013: Committee Stage (5 Jun 2013)

Seán Fleming: I accept that the Minister does not want to be prescriptive in the legislation, but what is his understanding of how it would work out in practice? Is there a need for numerous new committees, other than the committee of inquiry?

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Houses of the Oireachtas (Inquiries, Privileges and Procedures) Bill 2013: Committee Stage (5 Jun 2013)

Seán Fleming: The Minister does not think establishing new committees is necessary and I accept his word on that, but the legislation leaves that question open.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Houses of the Oireachtas (Inquiries, Privileges and Procedures) Bill 2013: Committee Stage (5 Jun 2013)

Seán Fleming: I will withdraw it.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Houses of the Oireachtas (Inquiries, Privileges and Procedures) Bill 2013: Committee Stage (5 Jun 2013)

Seán Fleming: We have made an interesting point. The Minister has indicated that if we have a unicameral Parliament, the committees must be better resourced. If we save money by eliminating the Seanad, there are already plans in place to spend more money on running the Dáil.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Houses of the Oireachtas (Inquiries, Privileges and Procedures) Bill 2013: Committee Stage (5 Jun 2013)

Seán Fleming: I move amendment No. 7: In page 16, before section 6, but in Part 2, to insert the following new section:"6.—A committee conducting an inquiry established under this Act may conduct an inquiry into the conduct of a member or former member who was a member of the House on the date of the commencement of that inquiry.".This is a subtle point I referred to on Second Stage. I know the...

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Houses of the Oireachtas (Inquiries, Privileges and Procedures) Bill 2013: Committee Stage (5 Jun 2013)

Seán Fleming: I move amendment No. 6: In page 16, before section 6, but in Part 2, to insert the following new section:"6. --A committee conducting an inquiry established under this Act shall consist of fifty per cent of members of the current Government party and fifty per cent of members of the opposition.".This straightforward amendment is clear in what it suggests. The current Government has an...

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Houses of the Oireachtas (Inquiries, Privileges and Procedures) Bill 2013: Committee Stage (5 Jun 2013)

Seán Fleming: I always accept the Minister's good intentions, but life does not work out that way. The Oireachtas will do what the Oireachtas does, namely, go by its membership. It will claim that, had the primary legislation intended equal numbers, it would have included such a provision instead of remaining silent on the matter. The Oireachtas will conclude that no such requirement was intended and...

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Houses of the Oireachtas (Inquiries, Privileges and Procedures) Bill 2013: Committee Stage (5 Jun 2013)

Seán Fleming: Is the Minister referring to the investigations committee?

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Houses of the Oireachtas (Inquiries, Privileges and Procedures) Bill 2013: Committee Stage (5 Jun 2013)

Seán Fleming: Ahead of Report Stage, is the Minister of a mind to provide that Part 2 inquiry committees should be chaired by Opposition Members? He seems to have been in favour of it-----

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