Seanad debates

Wednesday, 17 November 2004

Tribunals of Inquiry (Evidence) Acts: Motion.

 

7:00 pm

Photo of Dick RocheDick Roche (Wicklow, Fianna Fail)

The Senator should listen for once, and he will hear the truth. The Act makes it clear that the appropriate person with whom to interface or make contact is the Attorney General. That is the way the legislation was drawn. For the record, on the day I received the final draft of these agreements and put them to Government, I contacted the Opposition parties and the Attorney General and spent the best part of an entire day meeting and briefing the Opposition to the extent that it was possible. It is simply not truthful to suggest that the Government of the day is trying to prevent anybody being involved. I am not prepared to allow that to stand on the record. The Act, which we in our wisdom put on the Statute Book in 1998, has determined the modalities that deal with the tribunals.

I ask Members to read the legislation in the context of the amendment motions. I was asked whether I would have accepted amendments. I would have if it were legally possible for me to do so but again if Members take the trouble to read the legislation that we collectively put on the Statute Book they will find we specifically provided that the tribunal must request any changes or that it must consent to any changes following consultations with the Attorney General on behalf of the Minister. The Minister does not interface in any way with the judge and it would be improper to do so. The appropriate mechanism through which any contact is to be made is through the Attorney General. It is an unusual role for the Attorney General because the Attorney General is appointed under the Constitution to be the legal adviser to the Government. However, on this occasion the Attorney General acts as a bridge between the Houses of the Oireachtas and the tribunal.

It is untrue to suggest that the Opposition was in any way excluded. It was involved to the extent that it was possible to do so. The Senator may shake his head as much as he wants. The reality is different. I met four people designated by his party leader to discuss this.

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