Seanad debates

Tuesday, 7 December 2004

Tribunal of Inquiry into Certain Planning Matters and Payments Bill 2004: Second Stage.

 

8:00 pm

Photo of Cyprian BradyCyprian Brady (Fianna Fail)

I also welcome the Minister to the House. He brings with him considerable experience in the area of planning. He has championed a number of causes in his own county and will bring this to bear in his role as Minister.

I welcome the legislation which, as has been pointed out, bolsters and enhances previous amendments to various Acts relating to tribunals. The 1997 legislation has been amended a number of times, the most recent change being, as referred to by the Minister, the one which provided for the chairman to apply to the High Court for direction on the matter of costs and to divide up the work of the tribunal among different divisions as determined by him. These changes are welcome. The legislation, which was requested by the tribunal, will enhance work already being done.

We must look again at why the tribunal was established. It was established to find the truth regarding grave accusations made against people in public life. If we are to continue to have confidence in the system in which we work and for which we are responsible we must ensure that public office is not used for private gain. The tribunal was established to find the truth. This legislation will enable the chairman and his staff to get to the truth quicker and in a more cost-effective manner. That, too, is to be welcomed.

It is when the tribunal has completed its work and due process has taken place — another basis on which the tribunal was established — that the Dáil and Seanad will have to take appropriate action. We must work to overcome some of the legacies left to us and to restore trust in public life. The essence of the tribunal is an exercise in restoring that trust and we all have a role to play in that regard. The Minister referred to the raft of legislation introduced to deal with corruption. Other recently introduced legislation includes the Electoral (Amendment) Act 2001 introduced to deal with matters relating to general and local elections, the Prevention of Corruption (Amendment) Act 2001 and the Standards in Public Office Act 2001 introduced to deal with donations. Much of that legislation was introduced as a result of issues which took place before our time. The first tribunal Act was introduced in 1921; it is not a new phenomenon.

The Minister also mentioned that the Planning and Development Act 2000 introduced provisions to deal with planning matters. It is up to Members of the Oireachtas to implement legislation and to ensure it works. Following the resignation of Mr. Justice Flood, legislation was enacted to deal with the issue of determining costs and to allow the current chairman to make an order on costs, part of which, as he was not chairman at the time, he would not have been party to. Despite everything we have done, there is widespread dissatisfaction about costs. Anyone who canvasses at doors or attends meetings on a regular basis is aware of that dissatisfaction. It is an issue with which we all have to deal, sometimes on a daily basis but, particularly, at election times. The public's cynicism is palpable. It is up to us to restore trust in the institutions in which we are involved.

I welcome the Commissions of Investigation Bill which will provide a different and more cost-effective mechanism for dealing with such issues. However, that legislation will not prevent the establishment of tribunals, if needed, subsequent to its findings. That is to be welcomed. The Law Reform Commission studied all aspects of tribunals and their implications and made recommendations which are being studied closely. The tribunal has, since its establishment in 1997, proved to be effective to a certain extent. However, it is becoming more difficult to justify costs and to convince the general public there will be results and consequences. It is up to us to ensure that is what happens. Legislation such as this will ensure that that happens sooner rather than later.

The Bill will provide the chairman with the ability to finalise the proceedings to everybody's satisfaction, including the tribunal's satisfaction, which is most important and will hopefully result in the restoration of some confidence in the structures in which we work.

I welcome the section dealing with issues such as the age of witnesses. We all recall the pictures of Mr. Redmond in handcuffs being taken away from court. Perhaps that picture is what was needed for people to realise the consequences of their actions. We must bear in mind that the aim of the tribunal is to get at the truth. It is not an exercise in humiliation but in finding the truth and making recommendations based on the facts established in the course of its proceedings. This legislation will ensure that happens.

The chairman of the tribunal indicated it may be 2014 or 2015 before its work is completed. It is essential this legislation is brought forward and implemented as quickly as possible as it may result in the tribunal completing its work in 2007 and that is to be welcomed.

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