Willie O'Dea (Limerick East, Fianna Fail)

Amendment No. 8 seeks to amend section 12(3), the provisions of which must be considered in the context of the whole section, as must the amendment. Section 12(1) provides that a witness must be informed about any evidence received by a commission which may be relevant to him or her or to the evidence he or she is about to give. Under section 12(2), a commission is not required to reveal the source of the information to another witness but may do so where it is in the interests of fair procedures and the investigation generally. Section 12(3) provides that a person informed under section 12(1) of evidence already available to a commission shall have the right to comment on it, etc.

The amendment refers to evidence adverse to a person. It should be recalled that evidence will generally be taken in private. Section 12 introduces a mechanism whereby a commission can inform a person about whom it has received evidence of this development and give that person the chance to reply in writing or orally. However, throughout the process, the evidence in question will remain private and a commission will not be able to disclose it beyond the requirement of letting the affected person know about it. A person can only be informed to the extent that it is necessary. The emphasis on private hearings ensures that the possibility of damaging anybody's good name is very much reduced.

The primary purpose of the section is to ensure that persons against whom matters have been claimed have an opportunity to answer those claims. We must also take account of the protections against the disclosure of damaging information at any other stage of an investigation. I refer in particular to the disclosure of material in reports which amendment No. 8 also considers. There are already clear requirements that all affected persons are to be given prior notice if they are to be identified in or identifiable from material in a report. Remedies are also being provided by allowing for alterations to be made. These remedies are adequately covered in sections 34 and 35.

Section 34 provides for a person to be informed while section 35 provides two alternative remedies. A person can approach the commission which can refer the matter to the court or, alternatively, the person about whom something has been said can approach the court directly to prevent mention of their name in a report. I am satisfied at the range of safeguards being put in place, particularly those of sections 34 and 35 which give due and proper protection to a person's good name. While I understand the thinking behind the amendment, I will allow the provision to stand.