Seanad debates

Wednesday, 10 July 2013

Houses of the Oireachtas (Inquiries, Privileges and Procedures) Bill 2013: Second Stage

 

5:05 pm

Photo of Susan O'KeeffeSusan O'Keeffe (Labour) | Oireachtas source

I welcome the Minister to the House with a huge piece of work. It is obvious he has been very busy. I avail of the opportunity to mention some of the other legislation which has been passed, published or pending. They are relevant because they are all part of the reform of the political system which we can say with no exaggeration has seen the near destruction of public confidence in politics, politicians and the democratic system in the past six years. That is the type of destruction that is difficult to repair. It is also difficult to notice it because it is not about directly creating jobs or paying bills and, therefore, it always receives less attention, except when it does get attention that everybody has an opinion. It is the kind of glue which binds the political system together and makes it function in a more organised and accountable fashion. In many ways it does not get headlines in the way it might.

I am speaking about the whistleblowers legislation just published which provides comprehensive safeguards for whistleblowers, an issue in which I would have a personal interest and would welcome. I am aware that in the Department, the Minister is involved in the overhaul of ethics legislation and taking lessons from the Mahon tribunal. There is the reform and strengthening of the freedom of information legislation which, I think, is extended to all bodies and a strengthening of Civil Service accountability, which is very welcome. The reform and enhancement of the Ombudsman's jurisdiction to all public bodies is an issue which did not get a huge amount of notice and yet it is extremely important. We are delighted to see the current Ombudsman step up to the European plate and, no doubt, she will be replaced in due course. It is good that job is being strengthened.

I understand the Bill on the regulation of lobbying should be enacted later in the year. It was promised for a long time and I hope it will see the light of day under this Government because it is an extremely important part of building the public's faith and confidence in the political system. There is now the pending inclusion of the Government in the open Government forum which binds this Government to particular regulations relating to openness on information and performance and to disclosure on the part of politicians and civil servants and also being part of that partnership which was set up only some years ago will provide opportunities for this country to draw on and learn from experiences in other countries. It was set up in response to the public's desire for transparent, effective and accountable government and it will require much knowledge and political leadership. I understand we should take part in that partnership as and from next year. We will join with about 53 other countries, including Costa Rica, Colombia, Armenia, Azerbaijan who have already signed up. Perhaps it is time we did and I welcome that.

I welcome the work that has gone into the preparation of the Bill including all the consultations. It is timely and is a work of great detail. I suppose asking questions and sitting on committees and tabling amendments are part and parcel of what we would recognise as our work as parliamentarians. It is part of the necessary scrutiny of legislation but it is very much the contemporaneous work that we do while legislation is going through the House but a parliamentary inquiry should be just as important a duty for us. The purpose of Parliament is to scrutinise and hold the Government to account after the event, not just at the time of the formulation of laws and policies. While I recognise the limitations of this legislation, because of the so-called Abbeylara judgment, I welcome it. It is there to establish a comprehensive statutory framework for the Oireachtas to conduct inquiries within the current constitutional framework as set down by the Supreme Court in the Abbeylara judgment.

The Bill also aims to provide thorough safeguards to protect the constitutional rights of witnesses, to confirm unfettered access to the courts and to guarantee fair procedures. It offers a variety of different types of inquiry ranging from inquiries limited to recording and reporting evidence to inquiries of an adjudicative nature where this flows from the constitutional powers of the Oireachtas. Ultimately the Bill should clarify the role of the Houses of the Oireachtas in securing accountability in matters of significant public importance and therein lies a question in itself. Who defines matters of significant public importance?

At the moment I know that the banking inquiry is the matter which most people are rightly focused on.

The Oireachtas inquiry, hopefully, can build on the information that has already been provided in the Honohan report, the Regling and Watson report and the Nyberg report. Witnesses that have not spoken can be called and documents can be discovered to provide a somewhat complete picture of the events that led to the banking collapse. Senator Byrne has pointed out that the provision may not work. One thing is certain, if we sit and do nothing then there will be nothing.

Comments

No comments

Log in or join to post a public comment.