Dick Roche (Wicklow, Fianna Fail)

I take issue with Senator Hayes on that point. The reality is that we may encounter issues in the future which require more speedy treatment in the public interest than is likely to occur under existing arrangements. One can speculate as Senator Hayes did very well when he observed that there may be matters in some of the Mahon tribunal's modules that could be more appropriately examined through a commission as provided for in this Bill. The issue has not arisen but it is an entirely plausible hypothesis and a judgment call would have to be made as to the method which would best serve the public interest.

I contend that speed is of the essence in examining any allegations. Where damaging allegations have been made which traduce a person's character, it is unfair, unreasonable and democratically unacceptable that such a person might have to wait for 15 years before those allegations are confirmed as groundless. Every public representative who takes his or her job seriously is aware of the danger in steadfastly opposing a view which a miscreant constituent wishes to be proposed. Such a person can make any sort of allegation against a public representative which remains on the record for years or decades. This is unacceptable in a democratic society. We are in the area of hypothesis and Senator Hayes, although not objecting to the provision, recognises its novelty and is correct to question it. Section 3(4) clearly represents a degree of flexibility by providing that commissions may be established on matters of public concern which took place before the enactment of the legislation.