David Norris (Independent) | Oireachtas source

Far be it from me to provide any assistance whatever to the Minister, but it might be possible for the High Court to make a judgment on a matter as a matter of principle without disclosing the details in public. I am not sure if that is possible but I imagine that it would be, which is one possible route out of the problem. However, my concern is also with subsection (3) which holds that "The chairperson shall not be required to give account before a Committee - (a) for any matter which is or has been or may at a future time be the subject of proceedings before a court or tribunal in the State...".

That is madness. It is stark, raving legal lunacy. I can understand it in the context of a matter that is before a court, which is covered by the sub judicerule. If it has already been before a court and a judgment has been registered, then that is the end of the matter. I do not see why on earth that should preclude the chairperson from giving an account. Then there is the absurd reference to a matter that "may at a future time be the subject of proceedings before a court". How in God's name would one know? That is the answer to everything. The chairperson would just have to say that a matter might come before a court at some stage. He or she is not be required to give any substantial evidence that this is likely, that it is in the woodwork somewhere or that anyone has shown the slightest inclination in that regard. It is absolutely absurd. That is the end of the chairperson ever giving an account before a committee. He or she need never give one because all he or she has to say is that it might come before the court at some stage. That is the answer to everything. It is a complete and utter nonsense and I cannot understand it. Like Senator McDowell, I oppose the entire section but this subsection is a particular lunacy. As I said, I can understand thesub judicerule. When something is the subject of court proceedings or is being examined by a tribunal, then of course it should be excluded but it should not be excluded if it has already been decided on. That is bad enough but to insert a provision that allows for an absurd, hypothetical projection that a matter might at some stage become part of court proceedings renders the whole thing completely and utterly ineffective. In a way, Senator McDowell and myself should be supporting this because it actually negates the entire section. It actually means that the chairperson can, on a whim, declare that he or she could not possibly discuss a matter because in the year 2043 it might become the subject of court proceedings.