Results 7,201-7,220 of 7,278 for speaker:Dick Roche

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

Dick Roche: The purpose of section 9 is to provide that the commissions must be independent in the discharge of their functions. In a sense Senator Hayes is reversing some of the logic he used earlier when talking about the separation of powers.

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

Dick Roche: I fully subscribe to the view that consistency is the hobgoblin of a small mind and I would never accuse my friend Senator Hayes of having a small mind or of being hobgoblinned by inconsistency. The amendment would require all queries and requests concerning the commission to be conducted between it and the Clerks of the Houses. That is entirely inappropriate and would probably be a very...

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

Dick Roche: We will have to agree to differ on this point because I do not think it would be practical for all queries and requests to be channelled through the Clerks of the Houses of the Oireachtas. I can see the Senator's point that, for example, a withholding of resources would stymie the independence of the commission. That matter could be dealt with more appropriately by the commission making a...

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

Dick Roche: As the Senator has said, this is a central part of the foundation upon which the Bill has been constructed. The section is important in so far as it sets out the approach which will be taken by the commission. The commission will be expected — and that is why the word "shall" is used — to seek the voluntary co-operation of all parties and is also expected to do all that is reasonable to...

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

Dick Roche: It is a different argument. Notwithstanding that, however, the use of the word "shall" in section 10 would establish it as a qualifying principle. We would damage the Bill if we were to substitute the word "may".

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

Dick Roche: I thank the Senator for withdrawing the amendment but he should take note of section 10(1), which states: "A commission may, subject to this Act and the commission's rules and procedures, conduct its investigation in the manner that it considers appropriate in the circumstances of the case." I made the point earlier that it is expected to do all that is reasonable to bring about the required...

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

Dick Roche: I thank the Senator. We are now in the old area of disputing the differences between "will" and "may" and "may" and "shall". However, this is a new one as we are referring to the difference between the words "compel" and "require". I would have thought that the word "require" might encompass or embrace the word "compel". Section 12(1) provides that the witness is to be informed about any...

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

Dick Roche: I am not sure it is all that subtle but I will take the Senator's word for it. He did, after all, read this Bill at midnight last night when the rest of us were curled up in bed with our Horlicks or something else more attractive. If the Senator reads the section again, the word "require" is more appropriate. As it does not require disclosure, it provides that the commission may do so if it...

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

Dick Roche: Section 12(3) provides that a person who is informed under subsection (1) about evidence already available to a commission shall have the right to comment and so forth on the evidence. This is the primary focus of the Senator's amendment which is well intentioned. However, the Government is satisfied that section 12 strikes the correct balance between ensuring confidentiality about sources...

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

Dick Roche: Senator Tuffy referred to the re Haughey case which does not apply here because it arose in very specific circumstances. It arose in the context of a very public inquiry. It is not a similar position in this legislation. The commission will decide how the person whose name is referenced in evidence can comment and the primary protection is provided by the fact that the evidence will be taken...

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

Dick Roche: I thank the Senators. Senator Brian Hayes referred to all-party committees, which have been effective and efficient. I agree with him. My view has always been that the committees of both Houses have been much more effective, efficient and capable of getting to the bottom of matters than some of the tribunals, which seem to drag on forever. The Senator also referred to the tribunals as animals...

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

Dick Roche: I did not read the article so I am not sure if I agree. I am sure it was very erudite. In Plato's The Republic, there is a very cogent argument against decision-making by crowds. The fundamental argument in favour of having a second House in Parliament is that wisdom never resides with crowds and that a period of time is required for reflection ——

Seanad: European Council: Statements. (6 Apr 2004)

Dick Roche: I am happy to be here today to participate in the discussion of the spring European Council which took place in Brussels on 25 and 26 March last. The conclusions of the European Council and the declaration on combating terrorism have been laid before the Houses of the Oireachtas. Members will be aware that the Taoiseach made a statement on the European Council to the Dáil on 30 March. The...

Seanad: European Council: Statements. (6 Apr 2004)

Dick Roche: That is a good slogan.

Seanad: Proposed Stadium at Lansdowne Road: Statements. (5 Feb 2004)

Dick Roche: Admiration.

European Presidency: Statements. (20 Jan 2004)

Dick Roche: I apologise if I am unable to deal with every issue raised by Deputies. Nobody should be under any illusions about the energy, enthusiasm, drive and commitment of the Presidency on the matter of the Intergovernmental Conference. The Taoiseach, the Minister for Foreign Affairs and I have spent a huge amount of time since Christmas dealing with this area. Most of the main players have already...

European Presidency: Statements. (20 Jan 2004)

Dick Roche: The discussion on a two-tier Europe illustrates the nature of the difficulties and the significance of the work that has to be done. It is hard for those who take a different view to understand precisely what a two-speed Europe actually means. The point is that it is not on the agenda and is not being contemplated. We want to complete the treaty if that can be achieved. It is simply untrue...

European Presidency: Statements. (20 Jan 2004)

Dick Roche: Hear, hear.

Seanad: European Communities (Amendment) Bill 2003: Second Stage. (6 Nov 2003)

Dick Roche: This Bill amends the European Communities Act 1972 and enables certain parts of the treaty providing for the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic to the European Union to become...

Seanad: European Communities (Amendment) Bill 2003: Second Stage. (6 Nov 2003)

Dick Roche: I am grateful to Senators for their extraordinarily comprehensive and very thoughtful presentations. I would like to take some time to respond to each of them.