Eamon Scanlon (Fianna Fail)

The Commissions of Investigation Bill provides an essential and valuable alternative method of investigating matters of public concern. It establishes a body whose brief is to find the truth and deliver justice.

The issues of public concern the commissions will investigate will not be trivial matters, but serious issues that could have long-term effects on Irish society. The Bill originates in the need to provide a means for investigation into child sex abuse scandals and other issues of national concern. It is essential to have a general framework for the operation of commissions inquiring into subjects as serious and as sensitive as these. It is hoped that is what the Bill will provide.

The State has a responsibility to act as quickly as possible to provide a forum where victims of abuse and other serious issues can tell their stories and justice can be served. The Bill does everything to facilitate the voluntary co-operation of witnesses. Evidence will generally be taken in private and without legal representation. This is a very important aspect of the Bill. As a result the process will become more personal. Witnesses will not have lawyers badgering and cross-examining them. The purpose of these commissions will be to listen to grievances and discover the truth in a less adversarial atmosphere, not to point the finger of blame or doubt as happens in a court where the main aim of the lawyer is to win rather than discover the facts. The identity of witnesses will be protected in the interests of the investigation. This is very important, first, in order to encourage witnesses to attend and, second, to reduce the stress and anxiety caused to witnesses.

I welcome the flexibility of the commissions. They will be prepared to accept evidence by video link or by way of affidavit. This aspect is extremely important for witnesses for whom recalling events is traumatic without being surrounded by judgmental eyes. This will ensure that witnesses feel secure enough to give their evidence without feeling they are on trial. It is also helpful from a geographical point of view, as some witnesses may be unable to travel to a commission.

It is also essential, however, that the commissions have the power to ensure compliance with investigations. Where important witnesses refuse to attend, the Bill provides the commissions with the power to give direction to attend to answer questions and disclose and produce documents, to enter and search premises, to seize documents, and to make determinations where privilege is claimed in respect of information and documents.

It will be an offence to obstruct a commission or to fail to comply with its directions or to give false evidence. In addition, a commission may refer certain matters to the High Court for its directions, and failure by a witness to comply will give rise to contempt of court. This aspect of the Bill is essential to ensure that a commission is totally competent. It would make most investigations impossible if key witnesses refused to turn up.

One of the main aspects of this Bill is the establishment of a flexible investigative mechanism for the State. There will not be a single or permanent investigative body. Each commission will be designed to suit exactly the needs of the matter being investigated. We will now be able to draw on a wide range of skills and expertise in order to establish a commission best suited to investigating particular issues. This is very important and will give the commissions a multidimensional aspect. The experience of some members will complement the expertise of others and vice versa and the Bill will ensure that each commission will be totally competent to investigate each case.

The new mechanism of investigation created by this Bill will provide a more timely and more cost effective investigation of serious social issues. That the commissions established as a result of this Bill will greatly reduce the need for legal representation means that investigations will cost much less. Reports in today's newspapers estimate that to date we have spent €120 million, and it is suggested that the overall cost could be as much as €1 billion. It is not hard to imagine the number of hospital beds that could be provided or the number of hospitals and schools that could be built with that amount of money. What is happening is totally immoral. Inquiries will cost less. However, their effectiveness will not be diluted in any way. The opposite will be the case as the ability of commissions to investigate will be enhanced. The reduced need for legal representation will also ensure that commissions can reach a speedier conclusion to an investigation.

The Commissions of Investigation Bill can only be welcomed. It will provide the State with a speedier and more cost effective means of investigating serious issues. Flexibility will ensure fair procedures and competent investigation. I commend the Bill to the House.