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European Presidency: Statements. (20 Jan 2004)

Dick Roche: Hear, hear.

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...

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

Dick Roche: Admiration.

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

Dick Roche: In fact, bigger crowds make for even more spoiled broth. Senator Brian Hayes is correct. The fault with tribunals and the fact that tribunals have appeared, in the opinion of many, to go off the rails, is due to the imprecision and catch-all nature of terms of reference. The Senator made a cogent argument in favour of the case I was making because he then referred to the tick-tacking that...

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

Dick Roche: Amendment No. 10 touches on the issue.

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

Dick Roche: The Senator made a cogent point as regards the nature of the investigations to be carried out by the commissions. Commissions of inquiry will not reject contested evidence and come to a view that one person is definitely telling the truth on an issue and another definitely lying. It is specifically provided in the statute that people identified in a report of a commission of inquiry must be...

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

Dick Roche: As regards the question on funding, the Minister for Finance would be required to sanction funds in the normal manner. The second question referred to section 3(4), which provides that a commission may be established even if the matter considered by the Government to be of significant public concern arose before the passing of this Act. This could not be clearer. One of the commendable...

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

Dick Roche: I take issue with Senator Hayes on that point. The reality is that we may encounter issues in the future which require more speedy treatment in the public interest than is likely to occur under existing arrangements. One can speculate as Senator Hayes did very well when he observed that there may be matters in some of the Mahon tribunal's modules that could be more appropriately examined...

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

Dick Roche: I was fascinated to hear the explanation of these amendments as I was unclear of their purpose but I understand Senator Hayes's point. One of the benefits of this Bill is that it written in the clearest English possible and it is easy to understand what it is all about. The term "a particular matter" which it is proposed to incorporate into section 6(2) is vague, imprecise and unfocused. In...

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

Dick Roche: I acknowledge the issue involved but it would be disingenuous of me to say I will take it on board and consider it between now and tomorrow morning because that is not possible. I acknowledge the point made by the Senator but the wording of the amendments introduces dangerous levels of vagueness into a precisely drafted section. The question of somebody being cute enough to apparently...

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

Dick Roche: I take the point and I understand the Senator's concerns but the wording of the amendments will not improve matters. I cannot accept them and I do not want to give an undertaking that cannot be met.

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

Dick Roche: I want to deal with Members and, more important, the House in good faith. I cannot accede to the request.

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

Dick Roche: I thank the Senator for raising these two important questions. The legislation will come into force on enactment. The second question confuses two issues. The reference to terms of reference in the section relates to the commission established under the legislation and that is separate to anything that will happen if Judge Mahon's proposal is taken up. My caustic comments about tribunals must...

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

Dick Roche: That issue is separate from this legislation. The reference to terms of reference relates to the commissions, not to tribunals.

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

Dick Roche: Yes. Issues relating to the tribunal are set out under its terms of reference. As Senator Brian Hayes said, an issue could come to light under those terms of reference and may fall within the remit of this section. However, there is no crossover between both terms of reference. They are separate.

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