Seanad debates

Tuesday, 1 June 2010

2:30 pm

Photo of Joe O'TooleJoe O'Toole (Independent)

I thank the Leader for responding to the request for a debate on the situation in Gaza and it is appropriate that it take place tomorrow in order that the Minister can contribute on this two days in a row.

I concur with everything Senator Fitzgerald said. It is regrettable that Senators were in the public eye all over the weekend for all the wrong reasons again. The Cathaoirleach and I are well aware of our code of conduct. Under Article 15 of the Constitution, of which every Member has a copy, we are required, among other things, to ensure we maintain the integrity of the office and of the Seanad and to foster and sustain public confidence in the Seanad. I want to be absolutely fair, to respect all of the House's procedures and the law and to acknowledge the fundamental importance of the assumption of innocence in our democracy.

I am not rushing to any conclusions about anything but it is, nevertheless, crucial to the image of our Parliament and, in particular, to this House, that we deal with and dispose of any breaches or apparent breaches of our code of conduct. I do not want to rush to judgment. I cannot answer a question as to the personal circumstances of any Senator and I cannot answer the question as to where a Senator lives. All I know about where a person lives is I have recourse to the Electoral Act which provides that where a person is registered to vote is where a person is normally resident. That is required by law. I cannot go and have no intention of going beyond that.

Apart from that, I seek guidance from the Cathaoirleach in this regard. I believe there is a responsibility on us as a House to respond in an appropriate fashion either by requesting the Senator to make a personal statement, as Senator Fitzgerald has requested, or by conducting an investigation through the Committee on Procedures and Privileges or the Committee on Members' Interests of Seanad Éireann or by triggering a complaint under the Ethics in Public Office Act 1995. I do not know the appropriate way and I would respect the Cathaoirleach's advice on this but I am certain the House, the Member himself and the ever dwindling reputation of politics would benefit from a clearing of the air rather than allowing this to drag on interminably in the media. It may well be that if we walk away from dealing with this, we will go down the road of the Westminster Parliament where if we are not seen to deal with issues that concern and worry the public, an external, independent, ethical body will be established to tell us how to run our business, which was never the intention of our Constitution. We are required to do this and we have a responsibility and a duty to do so.

I am not rushing to judgment as I do not know the facts of the case. It is all over the media, however, and it is creating a certain view in the eyes of the public. It is reflecting on all politicians and, in fairness to the Member, rather than let it drag on, it should be brought to his attention that we are concerned about this and that we want it dealt with. I am not prepared to let it sit without some action being taken. I have refused any request I have received to participate in media discussions and interviews in this regard in the last two days. This is the place in which to deal with such issues. This is an important matter, on which I ask for the Cathaoirleach's advice and support.

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