Brian Hayes (Fine Gael)

I move amendment No. 26:

In page 20, subsection (2), between lines 12 and 13, to insert the following paragraph:

"(a) the witness fully and completely co-operated with the commission,".

This deals with the recovery of legal costs necessarily incurred and certain other expenses. Section 24 should be stronger to deal with cases in which people do not co-operate with the commission. Amendments Nos. 26 and 27 seek to ensure thatwitnesses fully and completely co-operate with the commission and that the level of co-operation provided by them could constitute a reason for non-payment of costs. What is significant about this Bill, apart from section 16, is that it does not rule out the possibility of non-co-operative people being able to recover their costs. It should be absolutely explicit that certain individuals who do not co-operate with the commission will not be able to recover costs.

This is a matter of considerable public import in that Judge Mahon has issued a statement concerning those who either did not co-operate or were not fully co-operative in their dealings with the tribunal to date. There is a possibility that some of these cases may well have to go to the courts because, according to the legislation, one has to show that one has knowingly misled the tribunal. This is always a difficult charge to bring to court. We need to stitch into the legislation very clearly that where someone does not co-operate and leads the commission a merry dance, we can refuse to pay his or her costs. Both amendments to section 24 set out a definitive position on non-co-operative individuals and I ask the Minister to accept them.