Seanad debates

Tuesday, 9 December 2003

Independent Monitoring Commission Bill 2003: Committee and Remaining Stages.

 

I fully accept that Senator Brian Hayes's research suggests that in many domestic common law institutions absolute privilege of this kind is not provided because it is required that people should act in good faith, without malice or other circumscribing pre-conditions for the immunity to persist. However, in this case it seems we should not lose sight of the fact that the decommissioning commission which currently exists and the Commission for the Location of Victims' Remains have absolute immunity, which has also been conferred on this body. It might be very significantly misinterpreted if we were to give a lesser degree of protection from domestic suit to this commission than we have to those other commissions. Bearing in mind what I said about its international status, the result would be major political embarrassment if a case was to be launched by, say, loyalists against it in Northern Ireland, by republicans here in the South or by either combination in the courts requiring it to come to one conclusion rather than another or attempting to invalidate in terms of domestic law its conclusions or activities. On balance it is better to stick with the precedents established by statute for the Commission on Decommissioning and the Commission for the Location of Victims' Remains, and to provide the same degree of immunity for this commission as applies to these.

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