CONCERNS HAVE been raised in the Dáil that proposed constitutional powers of investigation for Oireachtas committees could lead to bias. The House was debating a Bill to allow for a referendum giving Oireachtas committees powers to investigate matters of public interest.
Fine Gael, Labour, Fianna Fáil and Sinn Féin supported the legislation, while Independent TDs opposed it. The Second Stage was passed 99 votes to 11.
However, Fianna Fáil public reform spokesman Seán Fleming said the issue of “objective bias” was the “elephant in the room”, and had been ignored in the legislation – the 30th Amendment of the Constitution (Houses of the Oireachtas Inquiry) Bill.
The planned referendum follows the Supreme Court Abbylara judgment on the Oireachtas investigation into the shooting dead by gardaí of John Carty.
Introducing the Bill, Mr Howlin said there would be “significant public policy benefits from the operation of an effective system of parliamentary inquiry”.
He added that “we need to ensure that we, as a parliament, use this power carefully and appropriately, and only in circumstances that it is clearly warranted”.
Every citizen had a right “to their good name, but that right needs to be balanced with the undeniable public interest that is realised by effective investigation into matters of serious public concern”.
Mr Fleming pointed to the Supreme Court ruling that a person could not sit in a quasi-judicial capacity as a member of a committee “making determinations of fact while at the same time making comments in the media, which indicated strong prior views or fixed opinions on the matters being investigated”.
“The commitment has been made to hold an inquiry into banking,” he said.
Billy Timmins (FG, Wicklow) recalled the recent inquiry into expenses claims of Ivor Callely. He said “it was not edifying to see members of the committee out on the plinth posing for the cameras. You cannot simultaneously be judge, jury and self-publicist.”
Sinn Féin deputy leader Mary Lou McDonald said legislators needed to “uphold the values and principles of the rules of natural justice and we cannot be seen to undermine the powers of the courts to protect the right to procedural fairness of those who appear before an Oireachtas inquiry” .
Catherine Murphy (Ind, Kildare North) said the Oireachtas would technically have responsibility but “the Government will hold the responsibility because of its significant majority” and it was “asking us to trust that it is made up of the good guys”.
Thomas Pringle (Ind, Donegal South-West) warned that people with financial power who were being inquired into could take the committee to court to have members removed because of objective bias. An oath at the start of an inquiry might overcome bias.
