Dick Roche (Wicklow, Fianna Fail)

I will hardly surprise the Senator when I say I am not in a position to accept the amendment. In fact I oppose amendment No. 18 and suggest there are good reasons for doing so. Section 15 provides that a commission may establish or adapt rules and procedures especially on the taking of evidence. I am concerned that the proposal to have the rules and procedures published in Iris Oifigiúil would add a burden to the commission without, perhaps, adding greatly to the efficiency or the transparency of its operations. I am not sure what purpose would be achieved by requiring publication in Iris Oifigiúil. We must look at the totality of the arrangements being provided for in the Bill.

I begin by directing the Senator's attention to section 13(1) which requires that all witnesses are to be provided with a written statement setting out the commission's powers to give directions to attend, to answer questions, produce documents and so forth. This is provided in advance of the witness giving evidence. The witness giving evidence will have clear advance warning. I suggest clear advance warning is more appropriate than simply publishing information in Iris Oifigiúil. In addition, section 23(4) requires that all witnesses must also be provided with a copy of the guidelines on costs before giving evidence. That is a significant matter. There are other provisions, for example, in section 34 that require the commission to provide all persons being identified in a report with an opportunity to respond in advance of the report being finalised. The Minister has already provided, by way of an amendment on Report Stage in the Dáil, that rules and procedures should be made available to persons affected by them. That was in response to a proposition from the party of which the Senator is a member. That amendment, together with the other matters I have mentioned, will ensure that witnesses will be well informed about the commission's powers and functions far in advance of their giving evidence and at a later stage of the investigation. In these circumstances, I suggest amendment No. 18 is not necessary and does not add anything to the Bill. Publication in Iris Oifigiúil would be an additional step that would not add anything to the existing protections. The spirit of the proposition made by the party of which the Senator is a member has already been taken on board in the amendment which the Minister accepted in the Dáil.