Seanad debates

Tuesday, 10 July 2012

3:00 pm

Photo of Maurice CumminsMaurice Cummins (Fine Gael)

A large number of the issues raised require a detailed response. Senator Darragh O'Brien raised the issue of the Committee of Public Accounts carrying out an inquiry into the banking sector. The Government is determined to get to the bottom of what took place on and around the night of the bank guarantee. Its objective is to ensure the most effective mechanism is used to get to the truth. The focus is to have a very robust form of inquiry within the confines of the Constitution and which sheds as much light as possible on who was involved, politically and administratively, in the decision-making process that resulted in the State being in the debt-ridden position we are working hard to undo.

Since the outcome of last October's referendum, substantial and detailed analysis has been carried out on the scope for Oireachtas inquiries operating within the parameters set out by the Abbeylara judgment. The main conclusions of this legal assessment are summarised in the recent letter sent by the Minister for Public Expenditure and Reform to the Chair of the Committee of Public Accounts following the Government's consideration of options for an Oireachtas inquiry into banking matters at the end of last month. As the Minister's letter makes clear, the work carried out by his Department and the Office of the Attorney General highlights that there are two main options which need to be evaluated carefully in determining an appropriate legal framework for an Oireachtas banking inquiry.

As regards the committee that should deal with it, I have an open mind on this. I actually believe the Committee of Public Accounts should be the one that deals with it but the Government needs to reflect on the basis of the Attorney General's legal advice as to what type of inquiry meets our objective and is legally robust. I believe this is what everybody in the House wants and Members have commented in that regard. It is important we examine all the proposals and listen to the views of both committees and of the wider Oireachtas. However, it is essential we get the structure right, which is what everybody in the House wants. We will have the Minister, Deputy Howlin, in the House on Friday next so we will have an opportunity to raise items with him then.

With regard to the issue raised concerning the Minister, Deputy Hogan, I understand court proceedings were issued against Dublin Docklands Development Authority last week so perhaps that may be the reason. However, I am not sure why that action was taken.

Senator Bacik called for a debate on the merits of another referendum on Oireachtas inquiries, which we may consider. She also mentioned the excellent work of Mr. Chuck Feeney and his charity organisation, which is closing down.

Senator Norris referred to the Leveson inquiry and the press. We had a very comprehensive debate on the whole area of the media on 22 February, in which Senator Norris took part. We are also looking for a debate on media ownership, which I am trying to arrange with the Minister, Deputy Rabbitte. We cannot be having debates on the press every day in the House as there are other things we have to do.

Senators Martin Conway, Paul Coghlan, Eamonn Coghlan, Labhrás Ó Murchú, Marc MacSharry, Michael Mullins, Fidelma Healy Eames, Rónán Mullen, Catherine Noone, Ned O'Sullivan and Tom Sheahan spoke about the incidents in the Phoenix Park on Saturday last. I share the widespread public concern at the series of disturbing incidents which took place at the concert. Gardaí are reviewing what happened and are in touch with the concert promoters in this regard. I agree that what we have witnessed, even in photographs in the newspapers today and earlier in the week, is absolutely appalling, and it is wrong to see that type of behaviour on the streets of our capital city. It was brought to my attention that before they went into the concerts, many people were loading up their beer on the steps of the Courts Service, the main court building of this country. This should not be allowed to happen; of that there is no question. More generally, it is worth noting that developments will be taking place in the near future in regard to licensing of the event and security sectors, so there will be an opportunity for the House to discuss the whole question of security for such concerts.

The question has been raised as to whether such concerts should be allowed in the Phoenix Park. Again, we will certainly raise the point mentioned by Senator Eamonn Coghlan with the Minister of State, Deputy Brian Hayes, and the OPW. I am sure people will have second thoughts about holding such concerts in the future when we see such despicable behaviour. I would agree with all the Members I have mentioned that most of the trouble was fuelled by young people drinking to excess and, indeed, taking illegal drugs. I will certainly try to arrange a debate in the House. Senator MacSharry raised the question of young people coming to talk to the Seanad in this regard. I know this is an issue Senator O'Keeffe has raised with the Committee on Procedure and Privileges and we are endeavouring to have young people come to the House, perhaps in the autumn, to discuss a number of problems which they may have. These incidents were undoubtedly deplorable and must be addressed. On the issue of anti-social behaviour, the Garda Síochána uses the broad range of current legislative provisions to tackle all such behaviour and street violence robustly, including conduct attributable to excessive drinking. These provisions include powers granted under the Criminal Justice (Public Order) Acts and the Intoxicating Liquor Acts. In addition, the Criminal Justice Act 2006 introduced incremental procedures for addressing anti-social behaviour by adults and children. Gardaí may also issue fixed-charge notices in respect of offences of intoxication in a public place and disorderly conduct. In other words, a range of mechanisms and legislative processes is already in place, but the measures must be implemented. If the Garda requires additional resources to do so, those resources should be granted.

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