Rónán Mullen (Independent)

Seanadóir Mullen anseo anois, mar is eol duit, a Chathaoirligh.

If I were bringing an ex parte application before the High Court seeking an injunction without the other side being present, I would be expected to act according to the principle of uberrima fides, namely, the principle of utmost good faith. That means I would put all material facts before the court in the absence of the other party so the court could make an honest decision pending further resolution of the matter. One of the big issues before us at present in the context of the relationship between the Government and the Parliament is the principle of utmost good faith.

I am not sure about the facts behind the Minister for Defence, Deputy Alan Shatter's, dealings with the Smithwick tribunal but I am very concerned about what happened in the House yesterday. The Minister brought forward the Defence (Amendment) Bill which gives a committee of selection selecting, for example, a military judge the right to widen the scope of potential applicants. He did not tell us, however, that there was a very significant back story-----