Brian Lenihan Jnr (Dublin West, Fianna Fail)

These are Government amendments arising out of the debate on Committee Stage. Section 15 provides for absolute privilege for witnesses appearing before Oireachtas committees. On Committee Stage Senators raised some concerns as to the drafting of the provision. Following advice received from the Office of the Attorney General I propose to amend subsection (2) to make it subject to section 11 subsection (2) of the Committees of the Houses of the Oireachtas Compellability, Privileges and Immunities of Witnesses Act 1997. That section provides:

If a person who is giving evidence to a committee in relation to a particular matter is directed to cease giving such evidence, the person shall be entitled only to qualified privilege in relation to defamation in respect of any such evidence as aforesaid given after the giving of the direction unless and until the committee withdraws the direction.

That amendment reflects the reality of the position in regard to privileges of witnesses appearing before Oireachtas committees. Amendment No. 10 has been proposed following consultation with the Parliamentary Counsel to improve the text to ensure that all Oireachtas committees, including sub-committees or joint committees, are so covered.

Senators Norris and Walsh raised an issue on which I indicated that I might consult with the Committee on Procedure and Privileges but in fact the Office of the Attorney General agreed with the Senators which is why I am tabling these amendments.