Dick Roche (Wicklow, Fianna Fail)

I would be reluctant to consider a circumstance where absolute privilege is given because it is a bad idea. Witnesses have the same protection that they have before the High Court but I would not agree with granting barristers or solicitors absolute privilege.

Section 42 of the Bill confers absolute privilege on reports and documents of commissions and on the records of members. The amendment would extend the privilege to witnesses, barristers and solicitors. It is unnecessary and unwise to do so. As for witnesses, section 20 confers on them the same immunities, duties and liabilities as witnesses have before the High Court and it would not be a good idea to give them privilege or immunities beyond those enjoyed in the High Court, which are more than adequate.

There is no reason at all that solicitors or barristers should be given absolute privilege because then they could make the most outrageous accusations against an individual without being subject to any come back. It is important that we control any potential excesses.