Michael McDowell (Dublin South East, Progressive Democrats)

The effect of this amendment would be to allow oral hearings to be conducted in public where the applicant so requested. Senators will be aware the Bill already contains an amendment to section 19(2) of the Refugee Act 1996 that removes the requirement for ministerial consent to publish or broadcast any matter likely to identify the person as an applicant. It will no longer be the case that any organisation that broadcasts material concerning an applicant requires my consent. However, the requirement to obtain the consent of the applicant remains.

There are good reasons that the oral hearing should remain private. The oral hearing is conducted as informally as possible. The applicant is encouraged to state his or her case openly and freely. The commissioner's representatives will present relevant points from the investigative process. Witnesses may be called and questioned. The hearing is presided over by a member of the tribunal who is, of course, independent in his or her functions. The applicant will usually have legal representation and the UNHCR may have representatives in attendance if it so wishes.

I do not believe it is in anyone's interests, particularly those of the applicant, if the public or the media is invited by the applicant to see how the proceedings are carried out. The nature of these occasions is not the administration of justice in courts established by law under the Constitution; they are informal and proceed subject to law. In the great majority of cases they proceed with lawyers present. The UNHCR can attend if there is any concern about the quality of the proceedings. I do not think making a public circus of the proceedings is a good idea.

Amendment to amendment, by leave, withdrawn.