Susan O'Keeffe (Labour) | Oireachtas source

Personally, I am in favour of proceeding. A lot of care and attention has been put into the Bill and I do not want to see the void that we have continue.

Equally, the matter of those held for a long period in direct provision accommodation, for example, could be the subject of an inquiry. If we do not act now a future Government will have no choice but to inquire into the way in which men, women and children are being treated by the direct provision system in this country. I cite it as an example of something that is very pertinent and unrelated to banking, and to show that there will be many areas in which the legislation can be used.

Of course there will always be a need for inquiry as organisations of the State fail in their duties of care not deliberately - perhaps sometimes - but not usually. It is generally because humans fail and we need the capability to go back and check on our failings. The public needs to know that elected representatives have a duty to investigate these failings. They also need to know that such inquiries would be prompt, thorough and sufficiently independent of Government so that they can succeed. As the Minister has said, that is on the part of the Oireachtas. Can he tell me what is meant by "prompt"? How would the investigations be brought forward? What is the timeframe?

We learn from our mistakes and inquiries play a valuable role in learning that lesson, but they do more. They can also help to secure accountability, although the legislation is limited in that regard, they can show the country and the world that we are able to go back and examine our own decisions, or lack of them, in a mature and organised way. They can also show that we can hold a light up to our own failings in an organised non-hysterical fashion and not by way of a witch-hunt.

The ability to inquire breathes confidence into Parliament. The public can see that their elected representatives do care about the things that go wrong and have the capability to go back and ask about them. It strengthens the fabric of democracy. Passing this legislation will make it the business of politicians to step up to the plate to take on that responsibility and that all adds to the building of confidence in politics and society. The organs of State will know that there is a level of accountability and, hopefully, it will encourage better practice and enhanced transparency. All such inquiries must be carefully constituted in order to avoid the risk of prejudicing any further criminal proceedings.

The legislation is welcome and has been a long time coming. Since Abbeylara 12 years ago there has been precious little investigation in the Oireachtas. It is almost the equivalent of cutting off an arm of the activity of Parliament, something that was allowed to happen under the previous Government.

The style of inquiry allowed under the Bill will be very particular. It will require Deputies and Senators to come to terms with the limitations of the style but limitations do not spell disaster for the process. On the contrary, it can work to focus the effort on ensuring that information is sought correctly and placed in the public domain.

Allowing for investigation into the heads of public bodies and senior civil servants is also welcome, not because they all need investigation but because it enhances their role and responsibilities if they can be investigated and can give their version of events when asked. Anonymity for civil servants should be passed. Just as some have got away with bad decisions and bad behaviour so some have been conveniently scapegoated for ministerial errors and mistakes. I appreciate that the legislation outlines the way in which civil servants can give their evidence.

The comment is often made that politicians could not carry out this investigative function in an appropriate fashion due to their party bias. First, most politicians are quite capable of suspending their partisanship when required. When asked to do so in a public forum, and under scrutiny themselves, means it will be harder to pursue party politics in that way. I welcome the Minister's observation that Members of the Oireachtas are experienced, capable and motivated to act in the public interest and I found that is true, in the main.

Second, not all politicians are members of a party. Most importantly, the idea that any other form of investigation is truly independent is naive, at the very least. Everyone in every walk of life brings their prejudice, bias and opinion to their work overtly and covertly, consciously and unconsciously. All investigations have a measure of bias yet we pretend that the only people liable to bias are politicians.

My final comment is for the Minister. I am unclear as to who in the Oireachtas will be the investigators. Is it every committee as the matter falls into their remit? Will there be a special investigations committee? What will be the role of the Oireachtas Joint Committee on Public Service Oversight and Petitions, of which I am a member? The committee was originally set up to be the investigations committee but when the referendum failed that part of the job failed with it. We now have jurisdiction over public petitions and oversight through the various ombudsmen. We have the very specific function of oversight of public service delivery "with a particular focus of investigating and identifying improvements in the delivery of such services to the public". I would appreciate if the Minister could comment on where the committee fits into the process?

In the legislation, what is meant by "advice" from the Office of the Attorney General? What are the implications for Cabinet confidentiality? Who ultimately decides what constitutes a matter worthy of inquiry? The Minister has said that it is not the Executive but the Oireachtas. In the absence of a particular committee who will make that decision?

Reforming legislation works only if it is designed and intended to bring reform, not to pay lip service to public demand for transparency and accountability. I welcome the legislation because I believe that it is designed and intended that it would bring reform, particularly in the case of the banking inquiry. The other legislation that I have mentioned will strengthen our democratic system and public trust in the current system which can only be a good thing. I welcome the Bill.