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

Dick Roche: I thank Senator Tuffy for her explanation as the amendments are complex. As a general point, many of these matters will be under the overall direction of the High Court in any event. I will record a lengthy rationale as to why I will not be accepting the amendments. The amendments relate to section 21 and arise from a concern that having seen and examined documents about which privilege has...

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

Dick Roche: Eagles were once an endangered species, but legal eagles seem not to be. Senator Brian Hayes is pushing many of the right buttons in terms of prejudices.

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

Dick Roche: In this regard, I believe they are close to his own prejudices, not only from the point of view of the public purse but from every other point of view. Controls on legal costs are due. The Bill has been improved in the Dáil by the fact that the Government has taken on board some of propositions made. Senator Brian Hayes spoke about an amendment to section 8, which was inserted on Report...

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

Dick Roche: Senator Brian Hayes is correct in that if somebody tries to obstruct or impede the work of a commission, he should certainly bear the cost of doing so. Section 24 deals with criteria under which fees may be recovered. The amendment proposes new criteria to be considered before payment is agreed. For example, it proposes that the extent to which a person co-operated with the commission should...

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

Dick Roche: Section 24(3)(e) was introduced on Report Stage in the Dáil in recognition of the fact that there may be circumstances where a person, for good reasons, would wish to be directed before surrendering a document. That would not be improper. Otherwise, if a person behaves improperly he or she carries the consequence of his or her behaviour.

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

Dick Roche: This is an interesting amendment. It was submitted late and gave us pause for thought. The amendment relates to section 35, which deals with the circumstances in which amendments can be made to the draft reports. The arrangements in section 35 are designed to ensure that fair procedures and natural justice are respected, the points made by Senator Tuffy. Persons who are named in reports are...

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

Dick Roche: The intention is not to restrict applications to the High Court for an order seeking changes or deletion of certain material and that would not be the effect. It would not be possible to prevent a reference to the High Court. I accept that Senator Tuffy is attempting to move the section in a particular direction but I am fearful that if we were to go in the direction of the amendment, as...

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

Dick Roche: That is a fair and interesting question, which is another way of saying that I am not sure. When the Minister is here tomorrow, the Senator might ask him then. I cannot see how the Freedom of Information Act could be used in a way that would have an inimical or frustrating effect on the work of a commission. The Freedom of Information Act provides for the release of information with certain...

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

Dick Roche: I would be reluctant to consider a circumstance where absolute privilege is given because it is a bad idea. Witnesses have the same protection that they have before the High Court but I would not agree with granting barristers or solicitors absolute privilege. Section 42 of the Bill confers absolute privilege on reports and documents of commissions and on the records of members. The amendment...

Seanad: EU Presidency: Motion. (7 Jul 2004)

Dick Roche: There is such a file.

Seanad: EU Presidency: Motion. (7 Jul 2004)

Dick Roche: Hear, hear.

Seanad: EU Presidency: Motion. (7 Jul 2004)

Dick Roche: I thank the Members of the House for their generosity. I also thank the Members of both Houses for the exceptionally positive role played by politicians from all the major political parties in the success of the Irish Presidency. I unreservedly thank the diplomats and the senior and junior civil servants who played such an extraordinary role. I have never been so proud to be Irish as I was on...

Seanad: EU Presidency: Motion. (7 Jul 2004)

Dick Roche: ——but for a small nation, when we put our mind to it and put on the green jersey, we can pull together and do the job. I pay tribute to the role played in achieving the constitutional treaty by Opposition parties. Colleagues such as Deputy John Bruton, Proinsias De Rossa, MEP, and Deputy Gormley assisted me as the Government representative to put together what I believe were very good...

Water Services Bill 2003 [Seanad]: Second Stage. (5 Oct 2004)

Dick Roche: I move: "That the Bill be now read a Second Time." I am pleased to bring the Water Services Bill 2003 before the Dáil. The Bill has been passed by the Seanad and has benefited from the debate in that House and a range of amendments agreed by it. I wish to explain what is meant by the term "water services" as it is used in the Bill. If one is to appreciate the overall thrust of the Bill, it...

Water Services Bill 2003 [Seanad]: Second Stage. (5 Oct 2004)

Dick Roche: Yes.

Water Services Bill 2003 [Seanad]: Second Stage. (5 Oct 2004)

Dick Roche: I made a small clarification to help Deputy Gilmore deal with the Bill truthfully when he speaks on it.

Water Services Bill 2003 [Seanad]: Second Stage. (5 Oct 2004)

Dick Roche: Truth is one thing which has been missing from his interpretation of the Bill to date.

Water Services Bill 2003 [Seanad]: Second Stage. (5 Oct 2004)

Dick Roche: Before I outline what the Bill is about, I wish to address concerns which have been expressed about provisions on metering of water services. The power to install meters is provided for in existing water services legislation. The metering of water services is a long-standing policy for non-domestic users and a prerequisite to effective water management. Local authorities are well on the way...

Water Services Bill 2003 [Seanad]: Second Stage. (5 Oct 2004)

Dick Roche: The Deputy can do better than that.

Water Services Bill 2003 [Seanad]: Second Stage. (5 Oct 2004)

Dick Roche: That is true.

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