Billy Kelleher (Cork North Central, Fianna Fail)

We looked at this because this amendment was moved on Committee and Report Stages in the Dáil. The advice we received is that it is unnecessary to include it and that if we did so, we could set precedents because it would have to be included in other legislation in which it is not currently included.

There is a strong corpus of legislation to protect privilege which is primarily a matter for the courts. Including this amendment could undermine that legal situation. I know some Deputies did a lot of housework and found Bills where it is included. However, the current advice is that this would be unnecessary and could set a precedent and undermine legislation where it is included. As far as I know, it is already in section 21. I had it marked out for the Senator. This section states:

This section shall not apply to—

(a) a document containing information that is privileged from disclosure in proceedings for an offence,

(b) a document prepared by a person who would not be compellable to give evidence at the instance of the party seeking to have the document admitted as evidence of the matters specified in the document,

(c) a document (other than a technical document) prepared for the purposes, or in contemplation, of—

(i) the investigation of any offence,

(ii) an investigation or inquiry carried out pursuant to or under any enactment,

(iii) any proceedings whether civil or criminal, or

(iv) proceedings of a disciplinary nature,

or

(d) a document (other than a technical document) prepared after the alleged commission of the offence concerned.

There is provision for this in section 21(3). We examined this but our legal advice from the Parliamentary Counsel is that inclusion in this Bill would undermine other legislation without this provision on the Statute Book. Even with the kind words expressed to me by Senator Prendergast, I cannot accept the amendment.