Seanad debates
Wednesday, 7 July 2004
Commissions of Investigation Bill 2003: Report and Final Stages.
12:00 pm
Joanna Tuffy (Labour)
I move amendment No. 8:
In page 12, line 34, after "evidence" to insert "and, where evidence adverse to the good name of such a person is disclosed under subsection (1), the commission shall not rely on or disclose such evidence in a report unless the person concerned has had an opportunity to challenge such evidence by cross-examination and by presenting contrary evidence whether written or oral".
We discussed this amendment yesterday and it was debated also in the other House. I have tabled it again to give the Minister of State and the Government an opportunity to reconsider the issue. We feel it would provide for a fairness of procedures which is lacking in the legislation as it stands. The amendment would avoid the possibility of a constitutional challenge on the basis of fairness of procedures.
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