Thomas Byrne (Fianna Fail) | Oireachtas source

I second the important amendment proposed by Senator White. I wish to speak about IBRC, the commission of investigation, the role of the Seanad and all the issues that have brought this to a head this week. It is very important to remember that under the commission of investigation legislation, the Seanad has the same role as the Dáil. This commission of investigation cannot go ahead without the Dáil and Seanad approving the draft terms of reference and the statement of reasons for this commission of investigation. It is really important that we take our responsibilities as Senators and as a House of the Oireachtas under this legislation very seriously and that we have a full, frank and proper debate on these terms of reference. If possible, a delegation from the Seanad should meet the Minister for Finance to discuss the terms of reference. It is probably too late for that because he has already published them. We are all too keen in this House to denigrate ourselves and put ourselves down as second-class, but in this case we are not second-class. We are first-class and are equal to the Dáil, but that entails a significant requirement to take that responsibility and equality very seriously. I understand the Leader has possibly changed things but it appears we are throwing in a draft motion and it will be approved without debate. This will not be acceptable.

The Seanad should be ashamed of itself for, by and large, staying silent when an attack was made by Mr. O'Brien on parliamentary privilege, which encompasses the reporting of what is said in Parliament. We should have been asserting our rights - the rights of the Houses of the Oireachtas which are exercised on behalf of the people. Most Members of this House were completely silent . Only my party leader, Deputy Martin, took it upon himself to show leadership on this issue on behalf of both Houses while the Taoiseach stayed completely silent, opening bottle banks and giving out about Sepp Blatter and John Delaney. That is exactly what happened last week.

What happened last weekend in respect of Deputy Catherine Murphy's contribution in the other House was a disgrace. We could not sit last week to discuss it to assert it and assert our rights. Let us be honest. There is no superiority of powers when we talk about the separation of powers. There is a difference. The courts have no role in what we say in here and that was acknowledged very clearly and succinctly by the judge last week. We can say whatever we like in here and we should be standing up for that right and the right of the media to report it and not be relying on some nonsensical excuse that we must wait for a court case. We did not have to wait for it. We should have been asserting our rights here and standing up for the people, which is really what those rights are about.