Seanad debates

Thursday, 22 September 2011

An Bille um an Tríochadú Leasú ar an mBunreacht (Fiosruithe Thithe an Oireachtais) 2011: Céim an Choiste agus na Céimeanna a bheidh Fágtha / Thirtieth Amendment of the Constitution (Houses of the Oireachtas Inquiries) Bill 2011: Committee and Remaining Stages

 

4:00 pm

Photo of Brendan HowlinBrendan Howlin (Wexford, Labour)

Virtually all the focus on the debate has been as if somehow the inquiry system would be some sort of investigation into individuals. I believe it would rarely if ever involve an investigation into individuals. It would investigate all the matters that cause controversy in the health services or whatever. People would be involved and that is why we must have the potential for findings that might show that someone did not act correctly or to prevent something happening. That might impact on their good name. This is why we need these powers. However, by and large, the normal policy issues will be investigated.

Senator Walsh suggested this would almost be the equivalent of a court. This would be an investigation that comes to recommendations. It cannot find criminal responsibility anywhere, it is not a court of law and it cannot impose penalties. That is a matter for the courts. It is simply to examine policy and to examine activity in the public service or with anyone else.

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