Dick Roche (Wicklow, Fianna Fail)

Section 12(3) provides that a person who is informed under subsection (1) about evidence already available to a commission shall have the right to comment and so forth on the evidence. This is the primary focus of the Senator's amendment which is well intentioned. However, the Government is satisfied that section 12 strikes the correct balance between ensuring confidentiality about sources and the need to allow named persons to protect their names and reputations. One must remember that evidence will have to be received in private and, therefore, the possibility of damaging anyone's good name is reduced. This section will enable persons against whom matters have been claimed to have an opportunity to answer those claims, which is the concern that underlies Senator Hayes's earlier point.

In regard to the disclosure of material in reports, there are already clear requirements that all affected persons will be given prior notice if they are to be identified or identifiable from material in a report. This is adequately covered in sections 34 and 35, which we will discuss later. The two safeguards, which the Senators correctly wish to put in place, are already in the Bill. The protection of an individual's good name is ensured by the fact that much of the evidence is taken in private in any case. Therefore, it will not be like the existing system, whereby allegations, some of which are monstrous, can be made and lie on the record for years without a person having the opportunity to deal with them. I understand this is Senator Tuffy's concern, but it is already addressed in the legislation as drafted. Therefore, I am not in a position to accept the amendment. The Senator would be surprised if I stated otherwise.