Dick Roche (Wicklow, Fianna Fail)

The Senator made a cogent point as regards the nature of the investigations to be carried out by the commissions. Commissions of inquiry will not reject contested evidence and come to a view that one person is definitely telling the truth on an issue and another definitely lying. It is specifically provided in the statute that people identified in a report of a commission of inquiry must be notified of the proposed report and so forth. The commission of inquiry, therefore, falls halfway between the two current forms of inquiry, the tribunal and the parliamentary inquiry.

The Senator is correct that amendment No. 10, which proposes to strike out words in section 7(2)(a), touches on the issue of appointments. Section 7(2) states:

Each member of a commission is to be appointed as follows:

(a) by the specified Minister, if authorised to do so by the order establishing the commission;

(b) by the Government, in any other case.

It, therefore, provides for a dual approach. The point I was making as regards section 7(2) is that the Minister will not make an appointment if it is not appropriate for him or her to do so. In circumstances where the Minister is the subject of the allegation to be investigated, it would hardly be appropriate for him or her to select and appoint. The Government would make the appointment in such circumstances and, as such, a degree of separation is provided.

I reiterate that we are trying to create a forum for investigation which has powers in excess of the limited powers available to the Houses for investigation but which is significantly different from the tribunals of inquiry. Notwithstanding the good faith in which Senators made their points on this issue, the legislation creates something different. The terms of reference and appointment procedures are also different for the simple reason that we want to ensure there is less political compromise and greater focus on terms of reference. Equally, in the appointment of the commission, the danger Senators outlined is adequately addressed in section 7(2)(b) and by my explanation.