Joanna Tuffy (Labour)

I welcome the legislation in principle. There is no doubt that we need alternative forms of inquiries into matters of public interest. This type of commission of investigation was recommended by the Law Reform Commission and, it is to be hoped, will be useful in terms of inquiries.

The Labour Party has raised issues of concern about the legislation in the Dáil and we will do so again in this House. Some of our concerns have been raised by Senator Terry, for example, the setting of the terms of reference by the Government. The Labour Party has suggested that the legislation be amended so that the Dáil and the Seanad are given this role in setting up commissions. We are in favour of tools such as this that are cheaper than the tribunal system and, it is to be hoped, speedier, but we also want to ensure the legislation is constitutional.

We identified flaws in the Bill and proposed amendments to try to address the problem. We would like the Minister to consider these amendments once again. For example, our amendments dealt with the issue of fairness. One amendment also dealt with the issue of privileged documents. My understanding is that under the legislation, the commission must examine privileged documents. We are concerned that it could contaminate the whole inquiry if the commission becomes aware of something from a privileged document. We suggested amendments in the Dáil to try to address these problems but they were not accepted. We hope to put down similar amendments in this House.

This is just one step. It is mentioned by the Law Reform Commission, but there are many other recommendations by the Law Reform Commission that have yet to be carried out. These deal with the general issue of the need for inquiries into issues of public concern. The problem with tribunals, as was pointed out by other Senators, is the matter of cost and time. There is no doubt that the tribunals are doing worthwhile work, but the remit of tribunals is to deal with issues of public concern, and cost and timescale are also issues of public concern. When I think of the tribunals I am reminded of Bleak House, which I studied in college. I am not casting aspersions on the tribunals themselves but if a matter of public interest takes so long to be investigated, the public interest aspect is lost. There is something wrong with the procedure. If an issue of public concern is investigated for so long that it is no longer of public concern, what is the point?

The Flood tribunal is investigating matters which are of concern to people who live in my local area, in the constituency of Dublin West. However, time is moving on and people wonder whether anything will come of the tribunal. If the investigation lasts for 11 or 12 years, will it still matter? Will we have moved so far ahead that it will be just a footnote in history? I hope not, but we must consider ways of addressing this problem. We need to make sure the tribunal can complete its work as quickly and efficiently as possible.

While the tribunal carries out its work it should be able to complete a study of its particular area so that in a few years laws could be introduced to address some of the problems identified. There should be moments of completion along the way and, overall, the tribunal should be able to make its determinations much more quickly. Whatever is required to do that should be done. If we provide resources for the tribunal to carry out its work more quickly and efficiently it will be a cost that we face now, but in the long term it will save money and the tribunal will gain more respect and mean more to people.

It is important that the tribunals have some effect in terms of reforms, many of which have taken place without reference to any tribunal findings. We must ensure our reforms take into account the issues being investigated and adjudicated upon by the tribunals. We also need to make sure that in the next few years we introduce reforms in legislation and public policy on the basis of information gained from the tribunals.

This legislation is welcome and has been talked about by the Minister for a long time.

However, there are many other measures which the Government promised at various times in respect of which no legislation is forthcoming. What is being done about this at Government level? The Government proposed the appointment of a parliamentary inspector. This is also mentioned briefly in the Law Reform Commission's report. In that regard, the Labour Party has proposed the setting up of a parliamentary inspectorate to work in tandem with an investigation oversight and petitions committee. Its function would be similar to that carried out by the Comptroller and Auditor General on behalf of the DIRT inquiry. It would complement the commissions of investigation because the commissions are very much Government initiated whereas a parliamentary inspectorate would be accountable to both Houses of the Oireachtas. What is happening on that? It is my understanding that the Government has shelved it.

There is also the issue of addressing the need for criminal investigation into wrongdoing. Most people would like to see justice done regarding wrongdoing in matters of public interest. It is very much the public perception that there is not enough of that. What does the Government intend to do to ensure more is done in this area? People who are guilty of wrongdoing in the public arena should be prosecuted where appropriate. Very little is being done in this regard.

The Labour Party has proposed a constitutional amendment to ensure that a parliamentary inquiry is as effective a tool as it can be. What is the Government doing in this area? The Law Reform Commission report indicates that a constitutional amendment is probably necessary to correct the legislation as it stands. Does the Government intend to examine that aspect as well?