Joe O'Toole (Independent)

I intended to raise this issue on Second Stage but the debate clashed with a number of committee meetings and I did not have the opportunity to do so. The section, which relates to the terms of reference, resonates very much with Judge Mahon's recent report and his proposal to seek an amendment to the terms of reference of his tribunal. A commencement date is not provided for in the legislation and I cannot ascertain whether the issue of retrospection will create a difficulty. I do not ask the Minister of State to pre-empt the Government's response but, if Judge Mahon's request were to receive a positive response from the Government, would the amendment to the tribunal's terms of reference take place under this section or could it be addressed differently? In other words, what are the Government's options to deal with Judge Mahon's request to amend the tribunal's terms of reference?

The section is important, as the Oireachtas should be able to amend the terms of reference. We should not be tied to the current arrangement. Originally, Mr. Justice Flood was requested in good faith to investigate each and every allegation in public and so on and there was no disagreement in the Oireachtas about that. However, while that might have been a great idea, it has transpired that it would take 20 years, which is utterly unnecessary.

Judge Mahon has outlined the reason the terms of reference should be amended, with which I agree. I refer to the method of doing so. The Government could reject his proposal but, if it were to respond positively, could it make the amendment under this legislation, which will be passed this week, or would it have to do something outside the legislation? Is a facility provided under previous legislation to allow the Government to make the necessary amendment?