Select Committee on Finance and General Affairs debate -
Thursday, 20 Mar 1997

SECTION 12.

Mr. Dempsey

I move amendment No.52:

In page 11, line 20, after "procedure" to insert "by standing orders or otherwise".

The Bill allows a constituency commission to regulate its own procedure. The amendment suggests that this be done by standing order or some other form of written rules or regulations that are fair, and are seen to be fair, for the purposes of openness, transparency and accountability. This would protect the commission in the event of a judicial review or inquiry. It is unacceptable that such a body should regulate its own procedures on an ad hoc basis.

Mr. Howlin

I see no point in this amendment which would give the commission the option to regulate its affairs by Standing Order or otherwise. The regulation of its procedures can safely be left in the hands of the commission. It does not need Standing Orders if it decides to carry out its work in a certain manner. The creation of Standing Orders would confer some sort of permanence on a commission which is not intended to be permanent. The commission has work to do every four years on the publication of the census of population and it will carry out that work in an orderly, regulated manner. We can leave it to the commission to carry out its business fairly and efficiently. I ask the Deputy not to proceed with his amendment.

Mr. Dempsey

I have no doubt the commission will be able to regulate its own affairs. It will produce a report which may have anomalies or which may be open to challenge. If there is no mechanism to challenge the procedure, how can we know whether there was undue influence?

Mr. Howlin

Standing Orders would not be helpful.

Mr. Dempsey

No, but if there was a legal challenge to a bizarre set of proposals, it would be possible to ascertain whether there was a procedure and if it was adhered to. Regulation does not have to be by Standing Orders. The commission could decide from the outset how to regulate proceedings.

Mr. Howlin

The more I think about the argument being made the more dangerous a proposition it seems. The Deputy is saying the result of the independent commission could be open to legal challenge if a set procedure is not followed. It could be argued that certain procedures were not followed under Standing Orders. This opens the commission to legal challenge on a variety of issues and this would be very dangerous. If we are interested in a simple, straightforward mechanism, the commission should be allowed determine its own method of proceeding. We should move on to the major issues.

Mr. Lenihan

I understood from the Minister that he would examine this issue under Section 12 to open the work of the commission to the public. Allowing it regulate its own procedure provides statutory cover for the entire, secret process to which we earlier objected.

Mr. Howlin

I said I would return to this matter on Report Stage.

Mr. Lenihan

Very good.

Amendment, by leave, withdrawn.

Section 12 agreed to.