Thomas Byrne (Fianna Fail) | Oireachtas source

We are not allowed to subjugate ourselves to the Dáil. We are not allowed to subjugate ourselves to Government. We must carry out our functions in accordance with the Constitution and the powers therein and we must do so independently. That is even more necessary in light of the referendum because the people said they want to keep the Seanad as a check on the Government but the Government is here telling us how to conduct our affairs on a very serious matter of public importance.

It is really important that the Oireachtas gets this right. We have got off on the wrong footing here. There is a very significant judgment in the Abbeylara case. That decision was not just a check on the Oireachtas. It was a criticism of certain Members of the Oireachtas who went beyond their powers at the time.

It places a significant check on the Dáil in the context of the latter overstepping its powers. The Abbeylara decision cannot be ignored and neither can concerns in respect of people's constitutional right to due process. Concerns were expressed across the board, including by those in government, about the conduct of certain members of the Committee of Public Accounts. There was no wrongdoing on the part of any member of that committee but some individuals were more than willing to milk the media circus for all it was worth. That is the danger which exists and I know everyone is conscious of it.

The Seanad has its own Committee on Procedure and Privileges, CPP. That committee should exercise its powers under the Constitution and the Standing Orders of the House. I do not believe we have any authority to delegate its powers to the CPP of the Dáil. Standing Orders allow the CPP of the Dáil to consider any issue of bias. The Minister of State confirmed that and I would be grateful if the Chief Whip on the Government side in this House could also confirm it. Any issue of bias will, following consideration by the Dáil CPP, be put to a vote. Essentially, therefore, it is a political decision as to whether someone is biased.

That gives rise to a difficulty. Fianna Fáil has continually sought that someone from outside the political system, or even from outside the country, carry out a comprehensive and televised investigation into all aspects of this matter, be it in the context of political, banking or accounting decisions or in respect of the conduct of individuals in the banking sector. Of course, this was all done in the past. The only difference was that it was not done in public. There were a number of inquiries into the banking system and the recommendations and findings that emerged from them were extremely stark. They certainly did not flatter the previous Administration and were quite critical of the decisions that were made. The reports to which I refer have been allowed to gather dust. In fairness, however, there is a desire for this matter to be investigated in public. It is a pity the commission of investigation did not carry out its deliberations in public. Had it done so, many problems would have been solved. The commission met a large number of people and considered many documents.

Fianna Fáil has stated that it will take part in whatever inquiry is carried out and I certainly have no difficulty being involved. However, any inquiry must be fair. The inquiry will involve more than just those in politics. It will also involve civil servants, those whose names are well known, regulators and people in the banks whose names are not well known but which may come to public attention on foot of this inquiry.

I must restate my objection to the effect that the House is required, under the Constitution, to regulate its own affairs without interference. Unfortunately, the Government is essentially giving us our marching orders today. That is a clear breach of the Constitution and it will give rise to difficulties. I am of the view that the Government Chief Whip should check the position with the Attorney General.