Jack Chambers (Dublin West, Fianna Fail) | Oireachtas source

I will take less than ten minutes. I thank all the Senators who contributed to the debate. A number of issues were raised on which I think we can all agree, on both the Government and the Opposition sides. I acknowledge Senators Casey, McDowell, Maria Byrne and Ó Donnghaile for their contributions.

There has been criticism across the Oireachtas about the length of time the commission took to compile its report and the costs the commission has incurred in these times of constraints on the public purse. It must be remembered that when the Commissions of Investigation Act was enacted in 2004 it was hoped that it would enable quick and cost-effective investigation of matters of significant public concern. Back then we had experience of a number of tribunals which had run for a long time and at great cost, and there was a public mood that we needed a better alternative. In light of the experience since then, with the IBRC commission and other commissions, the Oireachtas collectively might wish to consider whether we can do anything further to improve the current regulatory framework for statutory investigations. It must be recognised, however, that commissions have to be independent in their investigations and adhere to fair procedures. Any changes to the way in which matters of public concern are investigated need to be fully thought out and considered. It may be that using the current model for investigations into complex corporate transactions is not as suitable as using it for matters concerning public administration issues where it is possible to confirm facts more easily. The ultimate objective for everyone in the Oireachtas is to ensure that, as far as possible, Ireland has a regulatory framework which promotes and ensures a culture of compliance and good ethical standards in matters of both public and corporate affairs.

The need for proper efficacy in the corporate world and for a statutory framework which effectively facilitates detection and prosecution of wrongdoing has also been referred to. The Government has made progress with a range of initiatives designed to combat corruption and white-collar crime. For example, earlier this year the Government established the Corporate Enforcement Authority, which will have the autonomy and resources to thoroughly investigate suspected wrongdoing. Staffing levels are increasing by nearly 50%, including a doubling in the number of gardaí, and the authority's budget has also been increased by almost 30%. It is also worth mentioning that an all-of-government implementation plan to progress the recommendations in the Hamilton review into economic crime was published in April 2021. This sets out 22 actions to enhance enforcement and prevention capacity in the criminal justice sphere. Five actions have already been completed in full, and a number of others have been significantly advanced. For example: the Criminal Procedure Act has been enacted; the Judicial Council has been engaged with in respect of the development of judicial training on complex economic crime and corruption cases; a forum of senior representatives from the relevant operational bodies was established in June 2021; and the Competition (Amendment) Act was signed into law on 29 June. There has also been significant progress in implementing other recommendations, including greater powers for investigating agencies to tackle economic crime and corruption, reform of the ethics Acts, and additional resourcing for enforcement agencies.

Questions have also been raised as to whether the commission will, or should, investigate the other 37 transactions that come within its remit. As I mentioned in my earlier address, the commission recently submitted its report to the Taoiseach on this matter, and when his consultations with the Attorney General are completed, the position will be made known at that stage, which I understand will be quite soon. The cost of the commission to date, the length of time it has taken to report, and the commission's views on the matter are significant factors that should be considered in deciding the best approach to take.

It would be great if there were no need to establish commissions of investigation or other types of statutory investigation in the future but, unfortunately, experience tells us that there will be instances that require these types of inquiries again. That is a theme many people referred to. As Senator McDowell mentioned, when we look at matters of fact, we need to ensure that we have structures that fully investigate people and hold them to account where matters of fact are found in these types of inquiries. We need to examine the model, and that is something the collective Oireachtas will have to consider. It is to be hoped that the lessons learned from the IBRC commission's experience and findings will be of value in ensuring such processes are efficient, effective and beneficial for all our citizens and our society as a whole in the future.