Mary O'Rourke (Fianna Fail)

I move:

That Seanad Éireann resolves that the terms of reference contained in the resolution passed by Dáil Éireann on 7 October 1997 and by Seanad Éireann on 8 October 1997, as amended by the resolutions passed by Dáil Éireann on 1 July 1998 and by Seanad Éireann on 2 July 1998 and further amended by the resolutions passed by Dáil Éireann and Seanad Éireann on 28 March 2002 and by the resolutions passed by Dáil Éireann on 3 July 2003 and by Seanad Éireann on 4 July 2003 pursuant to the Tribunals of Inquiry (Evidence) Acts 1921 to 2004, be amended by the addition of the following paragraphs after paragraph I:

'J. (1) The tribunal shall, subject to the exercise of its discretion pursuant to J(6) hereunder, proceed as it sees fit to conclude its inquiries into the matters specified below, and identified in the fourth interim report of this tribunal, and to set out its findings on each of these matters in an interim report or reports or in a final report:

(a) the Carrickmines I Module;

(b) the Fox and Mahony Module;

(c) the St. Gerard's Bray Module;

(d) the Carrickmines II Module and Related Issues;

(e) the Arlington-Quarryvale I Module;

(f) the Quarryvale II Module;

(g) those modules that are interlinked with the modules set out at paragraphs (a) to (f), and that are referred to in paragraph 3.04 of the fourth interim report of the tribunal.

(2) The tribunal shall, subject to the exercise of its discretion pursuant to paragraph J(6) hereunder, by 1 May 2005 or such earlier date as the tribunal shall decide, consider and decide upon those additional matters, being matters in addition to those set forth at J(1)(a) to (g) above and in respect of which the tribunal has conducted or is in the course of conducting a preliminary investigation as of the date of the decision, that shall proceed to a public hearing and shall record that decision in writing and shall duly notify all parties affected by that decision at such time or times as the tribunal considers appropriate.

(3) The tribunal may in the course of investigating any additional matter under paragraph J(2) or a matter being investigated under paragraph J(1) investigate any other matter of which it becomes aware when it is satisfied that such further investigation is necessary for the tribunal to make findings on any such additional matter or a matter referred to in paragraph J(1) above.

(4) Notwithstanding any other provision of these terms of reference the presentation to the Clerk of the Dáil of an interim report or reports, as the case may be, and of the final report on the matters identified at paragraphs J(1)(a) — (g), J(2) and, where applicable, J(3) shall constitute compliance by the tribunal with all its terms of reference, as hereby amended, and no further investigation or report shall be required of or from the tribunal on any other matter.

(5) Nothing in these amended terms of reference shall preclude the tribunal from conducting hearings or investigations into any compliance or non-compliance by any person with the orders or directions of the tribunal.

(6) The tribunal may in its sole discretion — in respect of any matter within paragraphs J(1), J(2) and J(3) of these amended terms of reference — decide:

(I) to carry out such preliminary investigations in private as it thinks fit using all the powers conferred on it under the Acts, to determine whether sufficient evidence exists in relation to the matter to warrant proceeding to a public hearing if deemed necessary, or

(II) not to initiate a preliminary investigation and-or a public hearing of evidence in relation to the matter notwithstanding that the matter falls within the tribunal's terms of reference, or

(III) having initiated a preliminary investigation in private, and whether same has been concluded, but prior to the commencement of any public hearing of evidence in the matter, to discontinue or otherwise terminate its investigation notwithstanding that the matter falls within the tribunal's terms of reference.

In exercising its discretion pursuant to this paragraph the tribunal may have regard to one or more of the factors referred to below:

(i) the age and-or state of health of one or more persons who are likely to be in a position to provide useful information, including, but not confined to, oral evidence to be given privately or publicly, including the age and-or likely state of health of any such person at such date in the future when that person or persons might be expected to be called upon to give oral evidence or to otherwise co-operate with the tribunal, and in particular the issue as to whether their age and-or state of health is or is likely to be an impediment to such person being in a position to co-operate with the tribunal or to give evidence to the tribunal in private or in public;

(ii) the likely duration of the preliminary investigation or public hearing into any matter;

(iii) the likely cost, or other use of the resources of the tribunal, of such investigation or any stage of the investigation into any matter;

(iv) whether the investigation into the matter is likely to provide evidence to the tribunal which would enable it to make findings of fact and conclusions and-or to make recommendations;

(v) any other factors which in the opinion of the tribunal would, or would be likely to, render an investigation, or the continued investigation into any matter inappropriate, unnecessary, wasteful of resources, unduly costly, unduly prolonged or which would be of limited or no probative value.

(7) subject to paragraph J(3) any matter not brought to the attention of the tribunal or of which it is not aware by 16 December 2004 shall not be the subject of any investigation by the tribunal.'.