Brendan Ryan (Labour)

I move amendment No. 31:

In page 38, lines 40 and 41, to delete all words from "a video" in line 40, down to and including "transmission" in line 41 and substitute "or any other mode of transmission, provided that where cross-examination is sought by a party to the inquiry, the mode of transmission must permit of such cross-examination".

We could argue all day about the precise wording but our concern here is that under section 58, a committee of inquiry has all the powers, rights and privileges that are vested in the court. Nobody would disagree with that. A committee of inquiry may receive evidence given, including by means of a live video link, a video recording, a sound recording or any other mode of transmission. The problem with a video recording is that one cannot cross-examine because, by definition, it is something that has already taken place. The same is true of a sound recording. Our amendment suggests that where cross-examination is sought by a party to the inquiry the mode of transmission must permit such cross-examination.

As I suggested to the Minister, the assertion that people would have the rights and privileges of a witness in a court case means that if one does not comply with that, people will resort to the High Court to vindicate their right to cross-examination. As it stands, the Bill does not guarantee that right.