Maurice Cummins (Fine Gael) | Oireachtas source

I move:

That, notwithstanding anything in Standing Orders, the following amendments be made to the Standing Orders of Seanad Éireann relative to Public Business:

In Standing Order 79, the insertion of the following paragraph after paragraph (3):

'(4) Where the Chairman of a Committee which is conducting a Part 2 inquiry ceases to be a member of that Committee, the Seanad shall, by Resolution, appoint a Chairman from amongst the remaining Committee members.';

(b) Perception of bias
By the adoption of the following additional Standing Orders:

'Perception of bias – responsibility of member
85A. (1) If a member is a member of a Committee which is conducting or which is to conduct a Part 2 inquiry, or is appointed to a Committee which is conducting or which is to conduct a Part 2 inquiry, and that member is aware of anything in his or her own behalf which might lead to a perception of bias arising in a reasonable person in relation to that member's participation in that inquiry, then that member shall recuse himself or herself from participating in that inquiry.
(2) A member may apply to the Committee on Procedure and Privileges for an opinion as to whether a perception of bias might arise in a reasonable person in relation to that member's participation in a Part 2 inquiry. The opinion sought shall result in a motion in relation to whether that member shall be a member of the inquiry Committee, in accordance with Standing Order 85C(4).
(3) In these Standing Orders, where reference is made to a perception of bias which might arise in a reasonable person, this means a perception of bias which might arise in relation to—

(a) a member's connection or dealings with any matter the subject of a Part 2 inquiry, where that connection or those dealings might lead to a perception of bias in a reasonable person;
(b) a member's utterances on the matter or matters the subject of the inquiry; or
(c) any other relevant circumstances.

Removal from inquiry Committee in relation to perception of bias
85B. Where a member has recused himself or herself from a Part 2 inquiry, on the grounds that a perception of bias might arise in a reasonable person in relation to that member's participation in the inquiry, the Seanad shall resolve, as soon as is practicable, that the member be removed from the inquiry Committee.
Procedures re. perception of bias
85C. (1)(a) Any person may make a submission to the Committee on Procedure and Privileges claiming that a perception of bias might arise in a reasonable person in relation to a member appointed to take part in a Part 2 inquiry. Such submission shall be in writing and shall include evidence in support of the claim.
Provided that where the submission does not fulfil these conditions, the Committee on Procedure and Privileges shall inform the person of such, and afford them the opportunity to make the submission in the correct manner.
(b) The Committee on Procedure and Privileges shall, as soon as is practicable, consider the submission under paragraph (a), and give the member in question the opportunity to make a submission to the Committee in defence of his or her position, in such form as the Committee sees fit.
(2)(a) A member who seeks an opinion under Standing Order 85A(2) on whether a perception of bias might arise in a reasonable person in relation to that member's participation in a Part 2 inquiry, shall make the request to the Committee on Procedure and Privileges in writing, with a reason or reasons why the opinion is being sought.

(b) The Committee on Procedure and Privileges shall, as soon as is practicable, consider the opinion
sought under paragraph (a).

(3) Where the Committee on Procedure and Privileges has considered either a submission under paragraph (1), or an opinion sought under paragraph (2), it shall, as soon as is practicable, and if the member in question has not recused himself or herself from the Part 2 inquiry, make a report in relation to the participation of the member in the Part 2 inquiry, with a recommendation that, on balance—

(a) a perception of bias might arise in a reasonable person in relation to the member, or
(b) a perception of bias might not arise in a reasonable person in relation to the member.

(4) As soon as is practicable after its adoption of a report under paragraph (3), the Committee on Procedure and Privileges shall lay such report before the Seanad, and shall nominate one of its members to table a motion, as soon as is practicable, which—

(a) takes note of the recommendation in the report, and
(b) proposes that either—

(i) the member in question be confirmed as a member of the inquiry Committee, or
(ii) the member in question be removed from the inquiry Committee.

(5) The Seanad shall consider the motion under paragraph (4) as soon as is practicable.';

(c) Committee on Procedure and Privileges
In Standing Order 90—

(a) the insertion of the following subparagraphs after paragraph (1)(c):

'(d) receive a relevant proposal from a Committee which proposes to conduct a Part 2 inquiry,
(e) from time to time consider and issue such guidelines as it considers appropriate in relation to—

(i) Part 2 inquiries, and
(ii) other Committee business where a power to send for persons, papers and records has been conferred,

in accordance with sections 19 and 79 of the Houses of the Oireachtas (Inquiries, Privileges and Procedures) Act 2013, and
(f) as part of its responsibility for overseeing procedure in Committees, consider matters relating to perception of bias in respect of a Part 2 inquiry, for the purpose of preserving the integrity of the Part 2 inquiry as it is being conducted by the inquiry Committee.',

(b) the insertion of the following subparagraph after paragraph (2)(e):

'(f) power to give consent in writing to the giving of a direction or directions in relation to persons, papers and records for Committee business, other than Part 2 inquiries.',

and
(c) the deletion of paragraph (4);

and
(d) Part 2 inquiries
By the adoption of the following additional Standing Orders:

'Part 2 inquiries
103A. (1) The Seanad shall approve the conducting of Part 2 inquiries in accordance with these Standing Orders.
(2) A Committee which proposes to conduct a Part 2 inquiry shall make a relevant proposal in that regard, under Standing Order 103B, to a Committee designated by the Seanad under these Standing Orders to receive such proposals.
(3) The Committee designated to receive relevant proposals shall cause those proposals to be evaluated and shall make a relevant report on those relevant proposals.
(4) The terms of reference for a Part 2 inquiry must be approved by the Seanad, in accordance with Standing Order 103E, and no Terms of Reference Resolution shall be passed, or be declined to be passed, by the Seanad, prior to the consideration of the report prepared under paragraph (3).
(5) The publication of final or interim reports of a Committee conducting a Part 2 inquiry shall be approved by the Seanad in accordance with Standing Order 103G.
CPP to receive notice of relevant proposal
103B. (1) The Committee on Procedure and Privileges shall be the designated Committee under Standing Order 103A(2) to receive notice of a relevant proposal from any Committee which proposes to conduct a Part 2 inquiry.
(2) The Committee on Procedure and Privileges shall from time to time devise and lay before the Seanad rules and procedures relating to evaluation of relevant proposals, including rules and procedures relating to any consultation on and method of assessment of relevant proposals.
(3) For the purposes of these Standing Orders, except where otherwise indicated, “Part 2 inquiry" means an inquiry under Chapter 1 of Part 2 of the Houses of the Oireachtas (Inquiries, Privileges and Procedures) Act 2013.
(4) For the purposes of these Standing Orders, except where otherwise indicated, interim and final reports in relation to Part 2 inquiries shall mean interim and final reports under sections 33(1) and 34(1) of the Houses of the Oireachtas (Inquiries, Privileges and Procedures) Act 2013.
Relevant proposal
103C. A relevant proposal under Standing Order 103A(2) shall address or contain, insofar as is practicable—

(a) the type of Part 2 inquiry proposed pursuant to sections 7 to 11, inclusive, of the Houses of the Oireachtas (Inquiries, Privileges and Procedures) Act 2013;
(b) the matter or matters the subject of the proposed inquiry, to specify, as far as is practicable, the conduct, events, activities, circumstances, systems, practices or procedures to be inquired into, including—

(i) the dates on which, or the periods during which, the conduct or events occurred, the activities were undertaken, the circumstances arose, or the systems, practices or procedures were in operation,
(ii) the location or area where the conduct or events occurred, the activities were undertaken, the circumstances arose, or the systems, practices or procedures were in operation, and
(iii) the persons to whom that conduct or those events, activities or circumstances relate, or whose activities, systems, practices or procedures are to be inquired into;

(c) whether the matter or matters relate to a function of the Seanad;
(d) the reason the matter or matters ought to be the subject of a Part 2 inquiry, rather than being examined through other forms of parliamentary investigation;
(e) in relation to the Committee proposing to conduct the inquiry—

(i) the reason that it, further to its existing orders of reference, considers that it ought to conduct the inquiry, or
(ii) the changes, if any, to its existing orders of reference, which are, in its opinion, necessary for it to conduct the inquiry;

(f) the anticipated time schedule for the proposed inquiry, including whether it is proposed to conduct the proposed inquiry in a single period or in phases;
(g) the changes, if any, to statute law, which are, in the opinion of the Committee proposing to conduct the inquiry, necessary to conduct the inquiry;
(h) a draft Terms of Reference Resolution, which shall state, inter alia, whether the Committee proposing to conduct the inquiry, in conducting it—

(i) proposes to make findings of fact, including findings of fact that may impugn the good name of a person (depending on the type of inquiry proposed), or in relation to relevant misbehaviour,
(ii) proposes to make recommendations arising from—

(I) its findings of fact, or
(II) the findings of fact made by another Committee in conducting another Part 2 inquiry if the terms of reference for that other Part 2 inquiry expressly state that its findings of fact may be used in other Part 2 inquiries,

(iii) proposes that its findings of fact, if any, may be used by another Committee in conducting another Part 2 inquiry,
(iv) has or is to have the power to send for persons, papers or records;

and
(i) such other matters in relation to the proposed inquiry as the Committee on Procedure and Privileges considers appropriate.

CPP consideration of relevant proposal
103D. When considering a relevant proposal made pursuant to Standing Orders 103A(2) and 103C, the Committee on Procedure and Privileges shall consider—

(a) whether a proposed Part 2 inquiry should be conducted;
(b) if it should not be conducted, whether an alternative course of action should be considered;
(c) if the inquiry should be conducted—

(i) the Committee by which it should be conducted;
(ii) the manner, under sections 7 to 11, inclusive, of the Houses of the Oireachtas (Inquiries, Privileges and Procedures) Act 2013, in which it should be conducted; and
(iii) the draft Terms of Reference Resolution for the proposed inquiry;

and
(d) such other matters in relation to the proposed inquiry as the Committee on Procedure and Privileges considers appropriate.

Relevant report and Terms of Reference Resolution
103E. (1) The Committee on Procedure and Privileges shall cause to be prepared a relevant report under Standing Order 103A(3) on any relevant proposals it receives for a Part 2 inquiry and shall, as soon as is practicable after its adoption of the relevant report, lay the relevant report before the Seanad, and a member nominated by the Committee on Procedure and Privileges shall table a motion to consider the relevant report and the recommendations contained therein.
(2) The relevant report shall make recommendations in relation to the matters contained in Standing Order 103D, and may include the draft Terms of Reference Resolution in relation to the relevant proposal, with any amendments thereto which are considered appropriate by the Committee on Procedure and Privileges, for consideration by the Seanad.
(3) The Seanad shall consider the relevant report and the recommendations therein and shall neither pass nor decline to pass a Terms of Reference Resolution under Standing Order 103A(4) in relation to the relevant proposal until such consideration has been given.
Subsequent inquiry
103F. If a Committee conducting a Part 2 inquiry wishes to conduct a consequential inquiry not covered by the Terms of Reference Resolution passed by the Seanad, it shall give further notice in writing of an additional relevant proposal to the Committee on Procedure and Privileges, to which additional relevant proposal the provisions of Standing Orders 103A to 103E, inclusive, shall apply.
Part 2 inquiry reports
103G. Notwithstanding the generality of Standing Orders 85 and 86, where a Committee conducting a Part 2 inquiry makes an interim or final report, the report shall first be sent to the Clerk of the Seanad, who shall as soon as is practicable arrange for its circulation to members. Where members have been circulated with such a report by the Clerk of the Seanad, the Seanad may, where the report is an interim report, subsequently order that the report be laid before the Seanad and made public, and shall, where the report is a final report, order that the report be laid before the Seanad and made public.
Duty of member to uphold integrity of inquiry
103H. It shall be a general duty of a member to uphold the integrity of a Part 2 inquiry, including maintaining the confidentiality of deliberations and documents relating to the inquiry.'."