Seanad debates

Tuesday, 6 July 2004

Commissions of Investigation Bill 2003: Committee Stage.

 

4:00 pm

Photo of Dick RocheDick Roche (Wicklow, Fianna Fail)

I was fascinated to hear the explanation of these amendments as I was unclear of their purpose but I understand Senator Hayes's point. One of the benefits of this Bill is that it written in the clearest English possible and it is easy to understand what it is all about. The term "a particular matter" which it is proposed to incorporate into section 6(2) is vague, imprecise and unfocused. In certain circumstances, the inclusion of such a phrase could have the effect of limiting the discretion of a commission or of the Minister. The amendment would not be helpful in general and could cause unnecessary difficulty and delay in the implementation of a commission's work. The proposed amendment does not achieve Senator Hayes's purpose. Conversely, it introduces a certain vagueness and ambiguity, which is something that brings glittering lights to the eyes of legal eagles. The current provision of section 6(2) is clear and succinct and the addition of the words "a particular matter" add little to it. I cannot accept the amendment.

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