Seanad debates
Tuesday, 9 December 2003
Tribunals of Inquiry (Evidence) (Amendment) Bill 2003: Second Stage.
10:45 am
Tom Parlon (Laois-Offaly, Progressive Democrats)
I thank the Senators for their contributions to the debate and I appreciate their co-operation. There is a substantial degree of consensus on the need to expedite this matter. I welcome Senator Terry's remark that the legislation is overdue, and that she appreciates the urgency that applies to it now.
I can confirm to Senator Terry that the Office of the Attorney General and the Attorney General were closely associated with the drafting of the Bill. The Senator also commented on the reasons for the resignation of Mr. Justice Flood. I refute any allegations that the Government had any involvement in that resignation.
There is a general consensus that the legislation involves a great deal of common sense. I agree that this Bill is short and technical. Senators have raised wider issues in terms of the overall cost and so on, and I understand those concerns. I can also confirm that the Commissions of Investigation Bill will be introduced in the coming session and that the Government will continue to support the work of the tribunals in the interim. As to how tribunals will carry on, in terms of the new legislation, we must wait and see.
Although this is a short and technical Bill, it deals with an important issue. Tribunals date back over 80 years. In that period, tribunal legislation has been substantially amended five times. The Bill introduced today is only the sixth amendment. In general, all the amending measures were occasioned by some specific need that emerged from the experience regarding sitting tribunals or tribunals which had just concluded their work, or by the anticipated needs of tribunals about to be set up. This is also the case with the current Bill, which has been inspired by the resignation of Mr. Justice Flood as chairperson of the Tribunal to Inquire into Certain Planning Matters and Payments. However, the tribunal's mechanism has proved its worth over the years. The amending legislation which was passed since 1979 had made it more effective, while the courts, having regard to the Constitution in interpreting the legislation, have ensured that the basic rights of persons who are the subject of inquiries are always respected, while remaining consistent with the need to allay the public concern which has given rise to the establishment of the tribunal.
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