Seanad debates
Wednesday, 12 November 2003
Courts and Court Officers (Amendment) Bill 2003: Second and Subsequent Stages.
The interesting thing about both the Scott and Hutton inquiries is that there was no need in either case for the compulsory powers of the tribunal because all the main actors could effectively be compelled by moral pressure to produce all their private records, diaries, mobile phone bills, etc., to establish who talked to whom or whatever else needed to be determined. This is the case if one is dealing with a matter of public importance. However, if one were to attempt the same thing in this jurisdiction, one might encounter legal objections almost immediately. It was with this in view that the Commissions of Investigation Bill was drafted, thus providing a statutory basis for Scott or Hutton-type inquiries in Ireland. One of the proposals of the legislation is that when any such inquiries, as opposed to tribunals, are to be established, the Houses of the Oireachtas would have to be given an accompanying statement containing an estimate of the costs, including legal costs, to be incurred by the commission in conducting the investigation and preparing its report, and a timeframe for the submission of its final report. This is one of the measures in contemplation and it is important.
No comments