Tom Parlon (Laois-Offaly, Progressive Democrats)

The section to which these amendments relate allows the commission, subject to authorisation by the Dáil, Seanad or both, to initiate, intervene or apply to be joined as a plaintiff on behalf of a Member. The Bill as passed by the Dáil specifies that such proceedings must arise from the Member's performance of functions as a Member of either House or of a committee.

The amendments add two extra phrases. The matters must arise solely from a Member's parliamentary functions. That could be regarded as a lawyer's refinement, and it is certainly in line with the intent of the Bill as introduced to the Dáil. While theoretical decisions as to what precisely the parliamentary functions of a Member are could keep a regiment of lawyers dancing around a pinhead for ages, the point to keep in mind is that the interpretation falls to the commission or to the House itself, and they are probably the best people to make the call.

Probably a Senator going around canvassing for himself or a party colleague in a Dáil election and getting into an altercation would be outside it. A Deputy who spilled boiling water over a fellow guest at a local function probably could not expect to persuade the commission that the resulting case against him or her arose solely from parliamentary functions just because the invitation was addressed to the person in his or her capacity as a Member of either House.