Seanad debates

Tuesday, 19 July 2016

Commission of Investigation (Irish Bank Resolution Corporation) Bill 2016: Second Stage

 

10:30 am

Photo of Jerry ButtimerJerry Buttimer (Fine Gael) | Oireachtas source

In welcoming the Minister of State, I must point out that it is important that the issue before us, which is a matter of public concern, should be addressed and investigated. Anomalies and irregularities in transactions that potentially cost the taxpayer must be investigated. The Government's approach to this has been transparent, notwithstanding the fact that Deputy Catherine Murphy brought the issue to the floor of the Dáil. The interim report called for different changes and we should all consider them.

Mr. Justice Cregan deserves our support in his work. It is important that we receive the report in a timely manner. The last thing people want is an ambling process whereby the work of the commission continues beyond the timeframe. I am not sure if the Minister of State outlined the date by which the commission must report and I apologise if he did. A timeframe is crucial and it should be adhered to. Equally, it is clear, not only from the debate in the Oireachtas but also from media commentary, that it is important that the full facts be obtained. In whatever guise or form the truth comes out, it is important that we have clarity and that the investigation brings certainty.

The Minister of State referred to the need "to ensure that the commission can effectively perform its functions". In public life, there is a notion in some quarters that responsibility and duty to the taxpayer is a careless reference. It is not; it should be what we do.Those of us who are legislators or public representatives and those of us who are charged with managing any aspect of life, be it the health system, education, justice or whatever, have an obligation and duty to represent the taxpayer in everything we do.

The first interim report makes for interesting reading. It calls for legislative change, which we all accept. Senator Bacik mentioned the terms of reference. I am coming in a roundabout to where I want to get. We all welcome the Commissions of Investigation Act model. Those of us who were not Members of the Oireachtas when we had the tribunal of inquiry model remember every day there was media reporting and people made their names through impersonating the people before the tribunal and good luck to them. However, let us consider the cost and time.

This brings me to the point I really wanted to speak about today. I will be very careful not to stray into any matters before the courts. I refer to the powers we give to Oireachtas committees. I accept the people have voted on the matter; I have no issue with the people being sovereign and they make the decision. It is how we, as Members of the Oireachtas, carry out our business in terms of our committee system. I refer, in particular, to the role of the Committee of Public Accounts. I was formerly the Chairman of the Oireachtas Joint Committee on Health and Children. The Minister of State, Deputy Stanton, was a very fine Chairman of the Oireachtas Joint Committee on Justice, Defence and Equality. If the Committee of Public Accounts seizes on an issue, then everybody else has to walk away and cannot touch the matter, cannot debate the matter, cannot call in witnesses and cannot carry out any work related to it.

I wish to make a broader linked point. We need to look at how that rule is interpreted. The Minister of State in his remarks here said that the commission of investigation had to have its legislative powers changed. I believe - I have no skin in the game other than being a parliamentarian now - that if we are to charge Members of the Oireachtas with being the taxpayers' representatives or the citizens' representatives, then how they carry out their duties requires us, as Members of the Oireachtas, to change how we do our business. I may incur the wrath of some people.

Senator Bacik referred to divisions in section 5 in terms of how they do their business. Similarly for the Houses of the Oireachtas committee system, we must find a mechanism whereby different committees can work together. The proof of this was when the Minister of State, Deputy Stanton, and I held joint meetings of Committees on Health and Children and Justice, Defence and Equality on certain matters. I do not believe the Committee of Public Accounts is the only committee that has the capacity or should have the autonomy to do work on an issue; there should be a joint approach with different committees.

I thank the Minister of State for bringing the Bill before the House. I hope the other powers that be will pay notice to what I said. I say that not out of any malice. I want to see our committee system, which was a very effective voice in the last Parliament, continue. That means we must change how we do our business. The role of the Committee of Public Accounts needs to be reviewed in the context of seizing on matters to the preclusion of other committees.

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