Seanad debates

Thursday, 1 July 2004

Commissions of Investigation Bill 2003: Second Stage.

 

6:00 pm

Tom Parlon (Laois-Offaly, Progressive Democrats)

I thank Senators for their contributions to the debate. I am very pleased that the Bill has been broadly welcomed on all sides of the House. This indicates that it is not only a timely measure but that it addresses many of the major concerns about current arrangements.

This Bill is very significant reforming legislation and in the fullness of time it will be seen as a major step forward in the way we conduct public investigations in the State. We are all aware of the increasing demand for public investigations as a means of dealing with issues of major concern. There is a reasonable expectation that such investigations will produce quick and satisfactory outcomes. However, these expectations have too often been frustrated and, as a result, the investigation process has been damaged by perceptions of delay, obstruction and serious cost implications. This was outlined in particular by Senator Quinn when he referred to the cost and length of the major tribunals. The structures and processes provided for in the Bill will go a long way towards remedying many of the problems associated with the current arrangements.

No one has claimed that the Bill represents a solution to all the problems currently associated with public inquiries and investigations. However, I am satisfied that it provides the State with an effective and additional means of carrying out such inquiries and investigations. The new procedure is flexible and can be applied in a very wide variety of circumstances. It is user friendly as it creates a less adversarial environment and in that way it facilitates witnesses who are anxious to co-operate with a commission. Senators made the point that some lawyers are out to win and be seen to win, rather than get to the bottom of the matter and discover the truth. The Bill also provides a comprehensive framework for dealing with legal and other costs, including the possibility of tendering for services. Timeframes are established at all stages of an investigation, thus ensuring timely delivery of results. The Bill represents a balance between the public's right to know and the protection of the good name and reputation of a witness.

I believe that a commission of investigation established under the Bill will represent good value for taxpayers money. It will be cost effective and timely. It will deliver a satisfactory result and will help restore faith in the effectiveness of public inquiries. I have taken note of concerns raised during the debate and I will bring these to the attention of the Minister for Justice, Equality and Law Reform.

Senator Terry raised concerns that the role of the Oireachtas was too limited while the Minister had too much of a role. The possibility of public hearings depends on the agreement of the commission. A witness cannot demand that a private hearing occur. Senator Terry also noted that a final report is awaited from the Law Reform Commission before a general review is possible.

Senator Walsh also referred to the role of the Oireachtas and that we should learn from the past that the terms of reference were too wide. Senator Brian Hayes also referred to such mistakes. Senator Walsh felt that it was a very well constructed alternative to the current system. That hopefully will be the case. The Bill deals with time and cost and these are very expensive lessons we learned from the past. Senator Walsh also felt that strong powers were very necessary.

Senator Kett welcomed the Bill and raised concerns about the duration of the tribunals, how they departed from the terms of reference and lost focus at significant cost and duration. Senator Tuffy welcomed the Bill in principle but will propose amendments. The tribunals have been doing worthwhile work, but the cost and delay factors have been highlighted, and the consensus among Senators is that we cannot continue to support them. Senator Brian Hayes made some recommendations on what the new commission might deal with, and I am sure that it will not be short of work. His specific recommendations will be noted, and I will pass them on to the Minister.

The Bill seeks to address many of the major concerns, especially cost and duration. I hope and believe that it will restore confidence in public investigations and I commend it to the House.

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