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 thank the Senator. We are now in the old area of disputing the differences between "will" and "may" and "may" and "shall". However, this is a new one as we are referring to the difference between the words "compel" and "require". I would have thought that the word "require" might encompass or embrace the word "compel". Section 12(1) provides that the witness is to be informed about any evidence received by a commission and that may be relevant to the witness or the evidence he or she is about to give, which we all accept is a fair and reasonable approach.

Subsection (2) provides that the commission is not required to reveal the source of information to any witness but may do so where it is in the interests of fair procedure and the investigation generally. The use of the word "compel" in these circumstances would not change the meaning of the provision.

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