Dick Roche (Wicklow, Fianna Fail)

I wish to be helpful and understand that Senator Bannon is anticipating my reply. I will not be as rude as Senator Brady has been by suggesting we should not hold our breath while waiting for Senator Bannon's party to return to government. I wish the Senator well.

The Commissions of Investigation Act 2004 contains several features aimed at cost control and management based on the experience of tribunals. Under the Act, a statement of cost must be prepared and a commission must use a competitive tendering process. It is not possible, however, to change half way through a process, which is the situation in which we find ourselves here. As I said to Senator Bannon, the learning experience in this area has been especially costly.

Senator Bannon asked reasonably what will happen when the tribunal finishes. We will be back in the position we were in before the tribunal was established. However, if complaints of wrongdoing come forward we will have recourse to the devices which have been put in place, including those provided in the Ethics in Public Office Act 1995, the Prevention of Corruption (Amendment) Act 2001 and the Commissions of Investigation Act 2004. The Oireachtas always has the option to establish new tribunals should the need arise. One cannot talk about putting in place a permanent tribunal however.

Senator Bannon made the point that the House has some responsibility in this area. When the tribunal was originally established, I was not a fan. It is a matter of record that I said we would be better served by spending the money on providing the fraud squad with the resources it needed, including forensic accounting skills. Those resources are still not in place. That was then and we are where we are. In the context of fees and tendering, Senator Bannon said it might be better to establish a standing committee of the Houses. I am not sure that is the case. The Roman poet, Juvenal, asked "Who guards the guardians, who judges the judges?" As I am not sure what the answer is, I will not ask who judges the judges.