Tom Parlon (Laois-Offaly, Progressive Democrats)

The Bill as passed by the Dáil distinguished between the commission acting as a plaintiff, which is where the prior consent of the Member's House was required, and its assuming a defending role, which is where such consent was not required. Following correspondence from the Ceann Comhairle, it was decided to table an amendment which restored the requirement of prior consent from the Dáil, Seanad or both as appropriate where the commission was to act as defendant. The amendment covers, in separate subsections, each of the groups which can be defended, namely, Members of the Dáil or its committees, Members of the Seanad or its committees, and Members of joint committees. The amendment also stipulates where the commission may take on a defence. It sets out in clear and concise terms that the only instance where it may take on such a defence is regarding legal proceedings initiated solely from the performance by them of their parliamentary functions as Members. It should also be crystal clear from the terms of the subsection that that relates to issues arising from their status as Members. It is not a free legal advice service for Members on other issues.