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Seanad: Tribunals of Inquiry (Evidence) (Amendment) Bill 2003: Second Stage. (9 Dec 2003)

Jim Walsh: Now.

Seanad: Tribunals of Inquiry (Evidence) (Amendment) Bill, 2003: Committee and Remaining Stages. (9 Dec 2003)

Jim Walsh: I thank the Minister of State for his attendance and for bringing the Bill before the House. I also thank Senators, particularly Opposition Senators, for facilitating the early passage of the Bill.

Seanad: Tribunals of Inquiry (Evidence) (Amendment) Bill, 2003: Committee and Remaining Stages. (9 Dec 2003)

Jim Walsh: It is nonsense that the House will now suspend for two and a half hours. However, the Order of Business was agreed this morning and we have no alternative but to suspend the sitting.

Seanad: Independent Monitoring Commission Bill 2003: Order for Second Stage. (9 Dec 2003)

Jim Walsh: I move: "That Second Stage be taken today." Question put and agreed to.

Seanad: Independent Monitoring Commission Bill 2003: Second Stage. (9 Dec 2003)

Jim Walsh: I, too, welcome the Minister, Deputy McDowell, to the House. He is a frequent visitor to this House and this is indicative of the amount of work going on in the Department of Justice, Equality and Law Reform in introducing legislation. The Minister outlined clearly the background to the introduction of this legislation and referred to the Good Friday Agreement and the Joint Declaration. It...

Seanad: Independent Monitoring Commission Bill 2003: Second Stage. (9 Dec 2003)

Jim Walsh: This is unacceptable at this point and brings into focus the fact that the information flowing to the commission will perhaps provide evidence and identify witnesses and the names of those involved. Obviously, therefore, there is a responsibility to ensure this information does not fall into the wrong hands, given the nature and character of those who will be investigated on both sides. We...

Seanad: Independent Monitoring Commission Bill 2003: Second Stage. (9 Dec 2003)

Jim Walsh: Now. Agreed to take remaining Stages today.

Seanad: Independent Monitoring Commission Bill 2003: Committee and Remaining Stages. (9 Dec 2003)

Jim Walsh: That is very possible.

Seanad: Independent Monitoring Commission Bill 2003: Committee and Remaining Stages. (9 Dec 2003)

Jim Walsh: There is a caveat there which makes this subject to section 6, which clearly sets out areas where, in the performance of its functions, the commission shall not do anything that could be prejudicial to a number of areas. There are already protections there to obviate the need for Senator Hayes's amendment.

Seanad: Independent Monitoring Commission Bill 2003: Committee and Remaining Stages. (9 Dec 2003)

Jim Walsh: Senator Mansergh's earlier comment reminded me that it was possible that British forces might resort to subterfuge. If history has taught us anything it is that we should be vigilant in this area. While I support the advancement of better relations between the islands and between people North and South of the Border, I do not propose that we enter a state of political amnesia in this regard....

Seanad: Independent Monitoring Commission Bill 2003: Committee and Remaining Stages. (9 Dec 2003)

Jim Walsh: The debate is interesting and has developed beyond the section. It probably goes to the heart of the Good Friday Agreement, from which many benefits have flowed. Equally, however, people have reservations, some of which I share. I never saw Britain as having a legal, moral or any other type of justification for being in Northern Ireland. Articles 2 and 3 provided a certain bulwark with regard...

Seanad: Independent Monitoring Commission Bill 2003: Committee and Remaining Stages. (9 Dec 2003)

Jim Walsh: It is a case of trying to bring the people together where we can. I wanted to make that distinction because it is difficult for me, Senator White and others. That should be acknowledged.

Seanad: Independent Monitoring Commission Bill 2003: Committee and Remaining Stages. (9 Dec 2003)

Jim Walsh: The extent of that step on our part was far greater than anybody acknowledged in the past. My earlier question about section 7(2) concerned MI5 and MI6, to which the Minister referred. To take a hypothetical situation, they might in future get up to nefarious activities in the State or in Northern Ireland where their activities would be totally contrary to the stability of the peace process,...

Seanad: Independent Monitoring Commission Bill 2003: Committee and Remaining Stages. (9 Dec 2003)

Jim Walsh: No moral, legal or—

Seanad: Independent Monitoring Commission Bill 2003: Committee and Remaining Stages. (9 Dec 2003)

Jim Walsh: No. That is a mistake.

Seanad: Independent Monitoring Commission Bill 2003: Committee and Remaining Stages. (9 Dec 2003)

Jim Walsh: The House should thank the Minister for accommodating a wide ranging and interesting debate that has shown the importance of this issue which goes to the core of the body politic. It is good to have views such as those expressed today aired in the House. We could not finish on a better note than the Minister's last point.

Seanad: Independent Monitoring Commission Bill 2003: Committee and Remaining Stages. (9 Dec 2003)

Jim Walsh: At 10.30 a.m. tomorrow.

Seanad: Order of Business. (10 Dec 2003)

Jim Walsh: I join those Senators who seek a debate on the report which will be published by the Oireachtas Joint Committee on Justice, Equality, Defence and Women's Rights today. The families of the victims must be complimented. They ploughed a lone furrow for 29 years when seeking justice for the forgotten. This State has not distinguished itself in dealing with this tragedy and the Taoiseach should...

Seanad: Report on Dublin and Monaghan Bombings: Motion. - Defamation: Statements. (10 Dec 2003)

Jim Walsh: I wish to share time with Senator Maurice Hayes.

Seanad: Report on Dublin and Monaghan Bombings: Motion. - Defamation: Statements. (10 Dec 2003)

Jim Walsh: I welcome the manner in which the Minister has addressed the issue of defamation. As he rightly said, the programme for Government contained an undertaking to face up to this matter. There has been a long campaign in the media for such change but we must be mindful of balancing two important principles – free speech and the right of citizens to their reputation and good name. Freedom of...

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