Thomas Byrne (Fianna Fail)

There is no point reading the Constitution in any event. One would have to read the late Professor Kelly's book to show what the Supreme Court said and what the Articles all mean. I do not have €300 to pay Messrs. Hogan and Whyte for their book. This is an issue we might take up again.

Senator Mullen's amendment consists of two sentences. The first sentence, which states that the conduct of such inquiries should be regulated by law, would be enough. That is the language of the Constitution. It does not generally go further to specify how the regulation by law would take place. I am satisfied that by inserting this provision with due regard to the principles of fair procedure the Minister has come a long way. The debate, in both Houses, shows the intent of the proposal. The interpretation is very clear. However, it will mean armies of lawyers getting their costs and running to the High Court. That is going to happen. As the Minister said, people will assert their rights.

I hope there will be severe penalties for any Member of this House who briefs the media, gives interviews or claims credit either for starting an investigation or for the result of it. That would be unfortunate and it must be provided for in the Bill.

The Minister makes reasonable points, as does Senator Mullen. On balance, Fianna Fáil will not be supporting Senator Mullen's amendment and we regret that we cannot do so.