Dick Roche (Wicklow, Fianna Fail)

This is an interesting amendment. It was submitted late and gave us pause for thought. The amendment relates to section 35, which deals with the circumstances in which amendments can be made to the draft reports. The arrangements in section 35 are designed to ensure that fair procedures and natural justice are respected, the points made by Senator Tuffy. Persons who are named in reports are to have an opportunity to seek to have changes or corrections made where they believe fair procedures are not respected. This can include going to the High Court for an order seeking changes or deletions of certain material. That is not to say a report may never give details about named persons. It may do so if that is in accordance with evidence and where fair procedures are respected.

Section 35 seeks to find a balance between the need to respect fair procedures and the need to ensure the timely completion of investigations and that publication of reports is not delayed unnecessarily or unreasonably by persons who do not like the conclusions reached, even where the conclusions are justified by the evidence and by all the circumstances. The amendment, if it were accepted, would tip the balance in favour of those who have an interest in delaying the work of a commission and preventing the publication of its report. I do not believe that is the intention of the Senator. For that reason, I am not disposed to accept it. While I take the point Senator Tuffy has made, there are sufficient safeguards to ensure that natural justice and fair procedures are protected. I would be fearful that if I were to accept the amendment the balance would be tipped to the point which would countermand much of what is good in the legislation.