David Norris (Independent)

I have a final comment. I do not believe the principle of independence has been understood fully. There is a slight narrowing of scope in this Bill that is unattractive. In her speech in the Dáil, the Minister, Deputy Harney, argued that the Bill was centred not on entitlement, but on eligibility. I have made the point that it is not a rights-based Bill but there are certain rights which should be retained and the right to an independent scrutiny of one's position is one such. The person brought in to review should be independent because there can be a possible and very considerable conflict of interest between parties. The fact that the reviewer is employed by one of the concerned parties, namely, the HSE, calls into question the independence of that person.

It was suggested to me that the desire for independence is analogous to the request by the family in the Roscommon incest case who want an independent review with no input from the HSE into the inquiry. There appears to be a strong case for real independence. The HSE is to employ the person who will conduct the review in which it is one of the interested parties. That is my understanding although I might be misinterpreting it.

It is an important legal point. When I made certain political charges against a former Cathaoirleach of the Seanad I was dragged before a type of star chamber. I agreed to attend only on the basis that I could cross-examine, introduce evidence and witnesses and be legally represented. The then Cathaoirleach, Mr. Doherty, had to move aside from the Chair because he could not be judge and jury in his own case. We managed to bring that situation about which was quite difficult because it involved getting over the question of separation of power but the learned judge held that I was right on a number of instances, one being the matter of independence. Given that political charges had been made against the Cathaoirleach he had to move from the Chair because he could not be judge and jury in his own case under review. That was regarded as a fundamental element and strand in our democracy and I believe it relates to the issue of independence in the matter of review.