Dick Roche (Wicklow, Fianna Fail)

I take the point made by the Senator but to insert those words would be to weaken the available safeguards. As section 13(2) is worded, if no legal representative is present to advise a witness, the commission shall advise the witness of his or her legal rights. That is an important protection. A commission must be clear that it has a responsibility to give the witness the necessary advice as to his or her legal rights and obligations while giving evidence on oath or affirmation. To introduce the words, "in so far as is practicable" after the word "shall" in subsection (2) would be to weaken the protection afforded to the individual in subsection (2). It would do no service to the commission and could conceivably do a disservice to the witness. As the section is drafted it is clear and unequivocal that the commission has a responsibility which it must fulfil if that is appropriate. If the commission were to be sloppy or fail to fulfil that responsibility, it would know the consequences would be dire and that people would rush to the courts where their rights would be vindicated. The section is well drafted and it is appropriate that it puts the burden of responsibility on the commission.

In addition to the witnesses having to behave in a responsible manner, it is incumbent on the commission to do likewise. The Bill makes clear the commission's responsibilities.