Brian Hayes (Fine Gael)

The section deals with amending the terms of reference to provide for the consideration of other matters. According to the advice we received, the section states the terms of reference cannot be amended where to do so would prejudice the rights of any person who has co-operated or provided information to a commission. This grants immunity from further and deeper investigation to those who assist the commission, irrespective of what negative detail of their roles later becomes available. Is this a wise procedure? I do not know whether the matter was raised in the other House but it has been brought to our attention.

I encourage the Government to examine this issue because, as drafted, people could drive various wedges through the section when the matter ultimately goes before the High Court.