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 fully subscribe to the view that consistency is the hobgoblin of a small mind and I would never accuse my friend Senator Hayes of having a small mind or of being hobgoblinned by inconsistency.

The amendment would require all queries and requests concerning the commission to be conducted between it and the Clerks of the Houses. That is entirely inappropriate and would probably be a very unwelcome role for the Clerks. It would not be appropriate to include this provision.

I make the point again about keeping this simple and straightforward. As it stands, section 9 is unequivocal, stating that the commission shall be independent in the performance of its functions. It will be up to the commission to make absolutely certain that there is no interference with it and any commission worth its salt would actively pursue the independence conferred on it by section 9. This amendment would not add anything in that regard.

The Senator's point is more about keeping the Oireachtas informed than underpinning the independence of the commission. It would be much better to leave it at the simple statement of independence as outlined. The role of post box between the Minister and the commission would not be an appropriate one for the Clerk of either House in addition to his or her other responsibilities.

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