A Fine Gael proposal to allow the Oireachtas suggest changes to the terms of reference of tribunals was rejected by the Minister for Justice, Equality and Law Reform.

Moving an amendment to the Tribunals of Inquiry (Evidence) (Amendment) (No 3) Bill, the party's spokesman on justice, Mr Jim Higgins, said all he wanted was an extension of the situation whereby the Government and the tribunal had the right to seek a change in the terms of reference.

The Oireachtas, by way of a majority vote in both Houses, could decide to go to a tribunal and recommend the terms of reference be changed without any obligation on the tribunal to accept it, he added.

Under the Bill, the Oireachtas was empowered to make the resolution, Mr O'Donoghue said, providing the tribunal had consented to being approached by the Attorney General on behalf of the Minister.

The consultative process would have taken place before the resolution being brought before the Oireachtas.

It would be futile for the Oireachtas to pass a resolution amending terms of reference if the tribunal would not consent to it later.

The Labour spokesman on justice, Dr Pat Upton, moved an amendment allowing for changes in the terms of reference following consultations between the tribunal and the Attorney General, on behalf of the Minister, and the "authorised representatives of any group, recognised for the time being under the standing orders of either House of the Oireachtas, which has sought to enter into such consultations with the tribunal on the question as to whether such an amendment should be made."

Mr O'Dononghue said Dr Upton's amendment was "fatally flawed" because it would ultimately involve the tribunal dealing with various representations and having, in the final analysis, to arbitrate between what might well be wholly different arguments.

Dr Upton said he was referring to members of the Oireachtas elected by the people.

It would be valid to assume they would behave in a responsible manner and that they understood the Constitution.

The Government opposed the amendments which were defeated without a vote.