Seanad debates

Wednesday, 25 January 2006

2:30 pm

Photo of Brian HayesBrian Hayes (Fine Gael)

Since we last met one of the most historic judgments ever has been handed down from the Supreme Court, namely, on the issue of privilege. Will the Leader set aside time for a full debate, possibly next week, on that judgment? While the matter has been debated at the Committee on Procedure and Privileges, it involves all Members in a non-party political way.

The issue surrounds the case against Senator Higgins and Deputy Howlin. While it is clear from the Supreme Court judgment made just before Christmas that utterances made in the House are governed by the right of privilege, the case is not so clear with regard to the private papers of Senators and Deputies. We need to debate this issue in the context of the judgment, which stated that if a resolution or a new Standing Order had been established by this House, those papers may well have been governed by privilege. This may well have ensured that the name of the informants who gave the information to the Senator and the Deputy would not have had to come out in court.

I raise this important issue because at the heart of the relationship between a citizen and a Senator or Deputy is the notion of confidentiality. Senator Higgins and Deputy Howlin showed sound judgment in bringing that information to the relevant Minister to ensure the Morris tribunal of inquiry would be established. I raise this issue in a non-party political way. It is an issue that affects the 60 Members of this House because if any court of the land can, effectively, gag Members of these Houses, that is a dangerous route. The matter needs to be debated.

I ask the Leader to arrange a debate on Northern Ireland. I and others sought this debate before Christmas. This debate does not necessarily require the presence of the Taoiseach in the House. Perhaps the Minister for Foreign Affairs or his Minister of State could attend in his place. Since we last met so much has happened regarding OTRs and the possibility of progress as both Governments attempt to restart the talks with all the parties in Northern Ireland. The House should debate the issue at an opportune time.

The Leader has stated on many occasions that this is a legislative Assembly. What new Bills are proposed to be taken in this House this session? The Chief Whip stated yesterday that 17 or 18 new Bills are proposed for this session, yet 16 Bills which have passed through this House are currently stalled in the other House. It is important that the Government uses this House as a mechanism for introducing legislation.

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