Results 9,961-9,980 of 11,861 for speaker:Brian Hayes

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

Brian Hayes: I agree with the Minister of State on the need for all-party committees. People need to read the Abbeylara judgment. The Houses still have the potential to do much greater committee and investigative work. While we may not make findings of fact against individuals, we may make clear recommendations on a range of other issues related to policy, outcomes and performance. Too often, the...

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

Brian Hayes: As I will not have an opportunity to discuss my amendment later, I ask the Minister of State to clarify the position with regard to appointments. Whatever about a Minister establishing terms of reference or receiving a report from a commission, the notion that he or she would hand pick people to serve as members of a commission without reference to the Government is a step too far. I am sure...

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

Brian Hayes: Section 3(3) states that the "order establishing a commission shall specify" the matter to be investigated and, in paragraph (b), "the Minister responsible for overseeing administrative matters relating to the establishment of the commission, for receiving its reports and for performing any other functions given to him or her under this Act." I presume that if a commission is established...

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

Brian Hayes: That is precisely the point because it is unusual in a legislative context for retrospection to be included in a Bill of this nature.

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

Brian Hayes: I move amendment No. 7: In page 8, subsection (2), line 7, after "reference" to insert "so as to incorporate a particular matter". The amendments both deal with the constraints regarding amendment of a commission's terms of reference as stipulated in section 6(2). It is necessary to include the words "so as to incorporate a particular matter" after "reference" in this subsection. One must...

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

Brian Hayes: The problem with all these matters is that they may ultimately come to the High Court or Supreme Court for decision. We only have one chance to get this right. We are all aware of some well celebrated court cases where individuals have driven a coach and four through existing legislation. It may well be the case that the format proposed in these amendments does not meet the desired end and I...

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

Brian Hayes: The section deals with amending the terms of reference to provide for the consideration of other matters. According to the advice we received, the section states the terms of reference cannot be amended where to do so would prejudice the rights of any person who has co-operated or provided information to a commission. This grants immunity from further and deeper investigation to those who...

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

Brian Hayes: I accept that.

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

Brian Hayes: I move amendment No. 8: In page 8, subsection (2), line 9, after "information" to insert "on that particular matter".

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

Brian Hayes: Section 44(2) provides for permission to seek an amendment to the terms of reference of an established tribunal so that where a tribunal of inquiry is established to inquire into any part of a matter that is within a commission's terms of reference, those terms shall be amended by the Minister which set it up or by the Government to take account of the inquiry. I presume this is possible.

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

Brian Hayes: If another tribunal is established?

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

Brian Hayes: This section relates to membership. One of our tribunals has three members and this was done to ensure that a number of investigations could take place at the same time. One could have three modules of the tribunal working at the same time, but that has not happened. Is it possible under subsection (2), which states that each member of a commission is to be appointed by the specified Minister...

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

Brian Hayes: I was reading this at 11.30 p.m. last night and all these questions started to flow from the pages.

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

Brian Hayes: I know.

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

Brian Hayes: They were. I cannot understand the part of this section which states "(including barristers and solicitors)" regarding the advice and assistance people can get and which the chairperson of the commission can get also. Section 8(1)(a) states that persons can be appointed "with relevant qualifications and experience (including barristers and solicitors) to advise or assist the commission in...

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

Brian Hayes: The objective of these commissions is to require a whole range of other professional people, such as accountants. One does not need solicitors and barristers for much of this stuff anyway. When I read this last night at 11.30 p.m. with my Horlicks in one hand and the legislation in the other, I had to ask why there was a special reference to them at all. It is clear that if one appoints...

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

Brian Hayes: To satisfy them.