Results 81-100 of 7,278 for speaker:Dick Roche

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

Dick Roche: No, this refers to the commission's terms of reference and to something that may happen in the future.

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

Dick Roche: Yes. It refers to a tribunal being appointed to examine some matter which is under investigation by the commission. To really confuse the issue, it is actually the reverse of the case Senator O'Toole mentioned. He was talking about whether we would use the powers in section 6 to deal with a situation which may or may not arise at the request of one or other of the tribunals. The answer to...

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

Dick Roche: I am told the Senator's question is well focused because it means that if one appoints a commission that has three members, one will still have one commission, but the three individual members can conduct separate elements of inquiry by way of efficiency and promoting speedier inquiries.

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

Dick Roche: The Senator has a sad life.

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

Dick Roche: I am told that in other cases the senior legal people, the barristers, have had a certain monopoly in these areas. This is to make it absolutely clear that a solicitor would suffice as opposed to requiring that people in silk automatically descend on the commission.

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

Dick Roche: This is a belt and braces approach. There has been a feeling that when something goes to legal representation, it always seems to be barristers who become involved.

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

Dick Roche: It is not to satisfy them but to make it clear that it does not need to be gowned and bewigged gentlepersons descending en masse. A more lowly form of legal eagle, the solicitor, will also suffice. I take the Senator's point that there are many groups with qualifications and they are not necessarily people who have come through the Inns or the courts. I do not want to be facetious — this is...

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 take the point made by the Senator but to insert those words would be to weaken the available safeguards. As section 13(2) is worded, if no legal representative is present to advise a witness, the commission shall advise the witness of his or her legal rights. That is an important protection. A commission must be clear that it has a responsibility to give the witness the necessary advice as...

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

Dick Roche: I will hardly surprise the Senator when I say I am not in a position to accept the amendment. In fact I oppose amendment No. 18 and suggest there are good reasons for doing so. Section 15 provides that a commission may establish or adapt rules and procedures especially on the taking of evidence. I am concerned that the proposal to have the rules and procedures published in Iris Oifigiúil...

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

Dick Roche: I read these amendments with interest. The provisions in this section apply where a person has failed to comply with the directions of a commission. The issue at stake is whether a commission should be required to give notice where it decides to seek a High Court order for compliance with its direction. The Bill is silent on the matter on the basis that any issue arising can be dealt with by...