Seanad debates

Thursday, 27 May 2004

Committees of the Houses of the Oireachtas (Compellability, Privileges and Immunities of Witnesses) (Amendment) Bill 2004: Committee and Remaining Stages.

 

4:00 am

Photo of Brian HayesBrian Hayes (Fine Gael)

The question of the status of evidence is essential and nobody knows the answer or how it will be tested ultimately. If a committee was established and it found a judge did not comply with its orders or did not fully provide the requested information, it could seek powers under the legislation. I am painting another way forward. Would it not have been more sensible to wait until the committee was established to see how its work was progressing and then if a difficulty emerged in terms of the provision of documents and the quality of evidence, the powers provided under this legislation could be used?

By amending the legislation and including the work of the committee under it, is a cover being given to the status of the evidence that will be presented to the committee ultimately? If a judge is compelled to appear before a committee and the evidence he or she gives is put to it, can the evidence be forwarded to the House for it to make a decision? It cannot under the existing legislation. Another avenue would be to wait until the committee is established to see if its work is progressing, as one would have hoped and thought, before this legislation would be triggered.

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