Banking inquiry debate
Senators debate whether the Houses of the Oireachtas commencement order should be taken with debate, focusing on the scope, timing and independence of the proposed banking inquiry and its relationship to criminal proceedings. Senator Bacik supports a separate debate on the inquiry but wants the commencement order passed promptly.
I am asking the Leader. I propose an amendment, that No. 2 be taken with debate, that time be allowed today in order that we can tease these things out and in order that I do not have to read about it in the newspapers or hear about it on radio. This is still a House of the Oireachtas, regardless of what the Government wishes to do. What is ironic about the banking inquiry and what the Government is looking to set up is that it proves and will prove, probably, that there were not enough checks and balances in our regulators. This is the same Government that wishes to remove checks and balances in the Oireachtas.
Comment on this
I was simply going to welcome the announcement of the setting up of the bank inquiry. Everyone wishes to see an inquiry into the events, particularly leading up to the night of the bank guarantee. That is rightly the preliminary focus and it should be the first focus of the inquiry when it is set up. However, in respect of the issue about No. 2, I do not believe it is appropriate that we should have a debate. It is appropriate that we would have a debate about the shape of the inquiry but I do not believe we should be hanging it on the hook of the commencement order for the Houses of the Oireachtas (Inquiries, Privileges and Procedures) Act 2013. I do not see the point of that.
Comment on this
The motion before us which the Leader has proposed be taken without debate is simply the commencement order. It simply notes and approves the commencement order of the Act. I do not believe we should be looking to delay the commencement order.
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I agree, however, that a debate about the nature of the banking inquiry would be useful and perhaps we might have that soon. I understand that, as yet, it has not been decided precisely which entity will take it, whether it would be the Joint Committee on Finance, Public Expenditure and Reform or a sub-committee of that committee. I agree that it is important that the joint committee or sub-committee members would be resourced adequately and would get the expertise available to enable a thorough investigation. I believe the focus is correct. It is appropriate that the initial focus would be on the agreement to make or decide upon the bank guarantee. That is the right focus because so much stems from that. There is also the added difficulty that to focus on Anglo Irish Bank has the potential to jeopardise three trials which are pending.
It is timely that we saw yesterday the publication of the Director of Public Prosecutions annual report in whose foreword she specifically warns the media of the need for vigilance and that they do not jeopardise trials with adverse pretrial publicity. She referred to the risk of the delay of trials, even indefinitely, and pointed out that this risk increases as the trial date approaches and publicity surrounds it. Were there to be an inquiry focusing on Anglo Irish Bank in the immediate run-up to the trials of senior figures in Anglo Irish Bank, it could have a serious effect on the progress of those trials.
I have said it before in the House and I will say it again, that while everyone wishes to see a thorough inquiry carried out, the priority for everyone is to see the criminal justice process being brought to bear where appropriate and necessary. People want to see a resolution of the criminal justice process and we should not be doing anything that might delay or jeopardise the criminal justice process, where it is appropriate and has been initiated, as it has in respect of particular people in Anglo Irish Bank. We need to be careful. It is not that Anglo Irish Bank will not or should not be investigated by an Oireachtas inquiry; it should be.
Comment on this
It will not be in this inquiry.
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However, the timing of that investigation is critical. It is quite right to look at postponing that particular focus or tranche of the investigation or inquiry until after the criminal trial.
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It is not right at all. That would leave out a sizeable part.
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That is why we need to debate this.
Comment on this
I agree with Senator Darragh O'Brien that we need to debate this but I do not believe we need to debate the commencement order. I am keen to see this Act commenced quickly, as most people are.
Yesterday, Senator Mac Conghail paid an eloquent tribute to Seamus Heaney and I add my voice to his. Seamus Heaney's untimely death brought about a major national outpouring of grief and it touched many people who had been moved by his poetry. I express my sympathy to his family.