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Dáil
‹ Questions on Promised Legislation

Project Eagle commission and tribunal law

Summary

Deputy Doherty challenged the Taoiseach’s account of the agreement on Project Eagle and then pressed for changes to tribunal legislation. The Chair repeatedly curtailed him, and the Taoiseach reiterated that the commission was agreed in principle but that its terms should wait for the PAC report; he also began to address the 2005 tribunal Bill.

Look at the costs.

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With the Ceann Comhairle's indulgence, I will ask the Taoiseach to recall the minutes of the meeting to which he referred at which he said that, although there was agreement in principle to set up a commission, it was also agreed that it would not be appropriate to do so until the Committee of Public Accounts had reported. I have asked for a record of that meeting to be sent to us. The record clearly states at point No. 3 that steps to establish a commission will be taken immediately and before the Committee of Public Accounts completes its report. Will the Taoiseach reflect on this, examine his own records and correct the record of the House if needs be? There may have been an arrangement between the Government and Fianna Fáil, but that would have been in breach of what was agreed at the previous meeting.

I have raised the Tribunals of Inquiry Bill 2005 with the Taoiseach, the Tánaiste and Minister for Justice, Deputy Fitzgerald, and her predecessor, Alan Shatter. As the Taoiseach knows, this legislation dates back to 2005. We have had it on our Order Paper since then. It has been before these Houses for 12 years. Given the fact that we are going to establish a tribunal of inquiry, I am sure that the Taoiseach is well aware of the reason that this legislation exists. We have identified flaws in it that can easily be rectified.

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I thank the Deputy, but he has gone over time.

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With the Ceann Comhairle's indulgence, this is about ensuring that, for example, no public relations company-----

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We cannot get into a debate on the legislation.

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-----employed by a witness before a tribunal can be paid from the public purse. It is about ensuring that the Minister can set regulations-----

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The Deputy's time is up.

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-----as to how much in legal fees can be paid. It is about allowing the judge to ensure-----

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Deputy, please. The time is up.

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-----that an individual cannot be represented by seven, eight or nine senior counsels. It is a recognition that the existing-----

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Has the Deputy difficulty hearing me? The time is up.

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I will finish on this. The existing legislation is flawed.

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Please, resume your seat. The time is up. It is manifestly unfair to take time from your colleagues - other Members - who wish to pose questions. Resume your seat.

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What is the intention of the Government as regards the Tribunals of Inquiry Bill 2005?

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Will you resume your seat?

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Enda Kenny The Taoiseach Fine Gael

The minute the Deputy quoted from is correct and work was done following the meeting that we had where we agreed in principle that a commission of investigation should be set up into Project Eagle. Obviously, that work remains, but before that is completed and finalised, and as the Committee of Public Accounts had carried out extensive discussions and hearings, we thought it appropriate to wait until it produced a report to see if some of the findings from the Committee of Public Accounts should be fed into the commission of investigation's terms of reference.

In regard to the 2005 tribunal Bill, it has not made it back onto the Order Paper, the reason being that it is being looked at again. I am quite sure that the issues that Deputy Pearse Doherty raises - that his party has identified as being weaknesses in the structure - will also be taken into consideration there.

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