Brian Hayes (Fine Gael)

The Bill is attempting to create a totally new animal. While I accept what the Minister said, the delays in the tribunals to date have not arisen from the involvement of Members of the Oireachtas or in the way in which those reports are given to them. One could argue that the terms of reference put in place by the Members of the Oireachtas initially led to the delays because it led to the tribunals having to go down every cul-de-sac before they could come to a judgment. The latest report from the Mahon tribunal is a cry for help with regard to the terms of reference. Be that as it may, it is not logically incorrect to say that the Members of the Oireachtas could not establish these commissions and ensure they are properly staffed. Some complaints have been made by the tribunals in respect of the staffing and resources given to them by the Government during the past five or six years. The Government would help itself if certain matters were to be diverted to a joint committee of the Oireachtas rather than a Minister having to defend why he did or did not provide the resources the tribunal or commission required.

There are many practical reasons for tabling our amendments but the Government has chosen not to support them. We appreciate this is a new body and wish all the commissions well. The establishment and running of the commissions would have made more sense if they had the mandate and the imprimatur of the Oireachtas rather than of the Minister. While a resolution has to be put to each House it does not give the same sense of ownership. It sometimes grates to hear Ministers, not necessarily the Minister of State, say they established the tribunals. The Oireachtas established them. It is a matter of concern to all Members of the Oireachtas and not exclusively the Government. That should be the case here. The delays to date have not been the fault of the Oireachtas.