Seanad debates

Tuesday, 6 July 2004

Commissions of Investigation Bill 2003: Committee Stage.

 

4:00 pm

Photo of Joanna TuffyJoanna Tuffy (Labour)

I move amendment No. 16:

In page 12, subsection (3), line 34, after "evidence" to insert "and, where evidence adverse to the good name of such a person is disclosed under subsection (1), the commission shall not rely on or disclose such evidence in a report unless the person concerned has had an opportunity to challenge such evidence by cross-examination and by presenting contrary evidence whether written or oral".

The purpose of this amendment is to ensure the legislation will be constitutional and that fair procedures are followed such as, for example, in the re Haughey case, regarding the right to cross-examine and present contrary evidence, which is not present in the legislation as it stands.

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