Dick Roche (Wicklow, Fianna Fail)

Senator Tuffy referred to the re Haughey case which does not apply here because it arose in very specific circumstances. It arose in the context of a very public inquiry. It is not a similar position in this legislation. The commission will decide how the person whose name is referenced in evidence can comment and the primary protection is provided by the fact that the evidence will be taken in private. Moreover, sections 34 and 35 provide for the protection that people will have prior notification if anything is to be published which would identify them. Under this section and section 12(3), which is dealt with by Senator Tuffy's amendment, one has the right to comment on the evidence and to produce counter-evidence to suggest whatever has been alleged is incorrect, invalid or simply untruthful.