Brian Hayes (Fine Gael)

I move amendment No. 7:

In page 8, subsection (2), line 7, after "reference" to insert "so as to incorporate a particular matter".

The amendments both deal with the constraints regarding amendment of a commission's terms of reference as stipulated in section 6(2). It is necessary to include the words "so as to incorporate a particular matter" after "reference" in this subsection. One must consider the case of a person who comes before a commission and co-operates fully in his or her written statement and oral evidence, all of which will probably take place in private, but who it later transpires has some questions to answer regarding some other allegations or matters related to the original investigation. Section 6(2) rightly provides considerable protection to those who co-operate with a commission but the effective amnesty this represents could absolve such people from blame in other investigations. This provision could grant some people immunity forever.

The proposed amendment would modify section 6(2) to read as follows:

A commission may not consent to or request an amendment to its terms of reference so as to incorporate a particular matter if satisfied that the proposed amendment would prejudice the legal rights of any person who has co-operated with or provided information to the commission in the investigation.

This makes it absolutely clear that protection should only be afforded on the issue that is under investigation and not on every other matter that may come to the attention of that commission in the future. The current provision offers far too wide an immunity and is too loose. It could be the case that people who initially co-operate fully with a commission may have other questions to answer at a later date.