James Reilly (Dublin North, Fine Gael) | Oireachtas source

In regard to amendment No. 7, Senators will know that the provisions in the Bill are based on many precedents in other legislation. While I am aware that Senators are not happy with these precedents, I am conscious of the need for this type of provision. The provisions are not intended as a means to allow a person appearing before an Oireachtas committee to evade questions but, on the contrary, are intended to avoid any difficulties with a potential court case. I have looked at the provisions as a whole and I point out that under subsection (3), the director general must give reasons in writing where he or she believes a matter is likely to be the subject of proceedings before a court or a tribunal. This seems to give an Oireachtas committee a clear picture as to why the director general has taken a view that a matter is likely to be the subject of proceedings. If the issues arise when the director general is actually before the committee, I would expect the director general to give the reasons to the committee at that point. This is a legal standard across virtually all Departments.