Seanad debates

Wednesday, 17 November 2004

Tribunals of Inquiry (Evidence) Acts: Motion.

 

7:00 pm

Photo of Dick RocheDick Roche (Wicklow, Fianna Fail)

If another issue were to be discovered, that would be one approach. The second approach, which Senator Bannon seems to have overlooked but which was mentioned by Senator O'Rourke, relates to the legislation introduced last year by the Minister for Justice, Equality and Law Reform to establish commissions of investigation. This legislation draws on our experience of tribunals and allows for a much less convoluted or contorted approach to be adopted, an approach that would become less of a feeding ground for people in the legal profession. A more cost-conscious approach has been adopted. It is also worth remembering what we have done as parliamentarians to bind ourselves to rules of good behaviour. We have established standards in public office and a most transparent system for dealing with political donations. We should not always flay ourselves in the belief that Irish public representatives are behind in this regard. We have put very stringent procedures in place to deal with the type of corruption, which we discovered at the outset of this process.

An issue, which was raised by Senator Bannon and about which there was significant criticism in the other House is that relating to legal fees. It is difficult to disagree with anything that has been said about the extraordinary levels of fees which are being charged. In reality, however, there are people who have invested a significant period of their lives in the tribunals. If the Government were to announce that their wages will be cut, which would be the effect of a unilateral introduction of the new fees, some of them might walk away. We would then be in the extremely difficult situation whereby the tribunals would be unable to complete the difficult tasks with which they are charged.

We are trying to bring finality to something which has taken legs. The tribunals were put in place, and this one in particular, as a result of the revulsion that was felt both in the Oireachtas and by the public. Nobody had the prescience to predict that this process could continue for ten or 15 years. The Government's current approach was taken at the sensible suggestion of Judge Mahon in order to bring finality. We are introducing the necessary arrangements to give effect to the changes requested by the tribunal. That is all we are doing, nothing more and nothing less. It is simply not true to suggest that anybody in either House is imposing these changes. We are doing what the Act says we should do by taking a proposal from the tribunal and giving it legislative effect.

I am grateful to the House for accommodating me today because I am anxious to get these arrangements through so we can look forward to a conclusion in 2007.

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