Seanad debates
Thursday, 26 June 2003
Houses of the Oireachtas Commission Bill 2002: Second Stage.
I am pleased that the Bill makes the commission a legal personality. The demands and pressures on Members of these Houses have increased over the years. Senator Higgins is a living embodiment of that, particularly in light of his tribulations and those of Deputy Howlin in the courts this week. I read with interest the section which deals with this matter. While it says the commission may initiate and defend proceedings, it is not clear how that would work in practice. Would individuals have the power to employ their own counsel and to decide how a particular case would work? It is not clear whether there is a clear indemnity in respect of costs and whether, for example, the cost of defending what is happening this week would necessarily be covered by the commission or whether the commission would merely have to discretion to do so. That is not clear from the section and perhaps the Minister would use the opportunity of his reply to clear that matter up for me. I assume that is intended to be the case because there would not be any point in the measure otherwise, but it is not clear from the section as it is currently drafted.
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