I move: "That the Bill be now read a Second Time."
On 17 November, I gave notice during the debate in this House on the amendment of the terms of reference of the planning tribunal that I intended to bring a short Bill before the Oireachtas. The Bill will give legal backing to the discretion granted in the amended terms of reference to the tribunal to decide which issues within its terms of reference to investigate. The Attorney General advised me that it would be important to underpin this new discretion with legislation.
On 3 December, I made the instrument giving effect to the amended terms of reference as passed by this House and the Seanad. Under paragraph J(7) of the amended terms of reference, the final date for receipt of any new complaint or request for investigation is fixed by the terms of reference as 16 December of this year. The exercise of the discretion by the tribunal on any new matters that come to its attention before 16 December is vital to the running of the tribunal. I was advised that otherwise an argument could be made that the exercise of the discretion may be considered to have been outside its powers.
The background to the tribunal is well known to the House but I will recap a number of points. On 17 November, I indicated the basis on which this legislation was arising. It has its foundation in the fourth interim report. Notwithstanding the fact that the tribunal was expanded to include three members in 2001, the work of the tribunal, based on its terms of reference, has proved to be very unwieldy. As a result, the tribunal itself in its fourth interim report issued on 15 June of this year requested a change to its terms of reference to allow it more discretion in the issues that it investigates, with a view to shortening the anticipated duration of the tribunal's activities.
In the report, the tribunal indicated that it still has a large volume of work on hand which, if its mandate played out to its full extent, would all have to be investigated. The tribunal therefore indicated that it could see the work carrying on until 2014 or 2015. The tribunal itself recognised that this situation could not and should not continue. So it sought discretion to decide what matters it should investigate. In addition, if the tribunal decided the continued pursuit of its inquiries were of limited or of no further value in discharging its mandate, it sought the power to report that to the Oireachtas and to convey to the Oireachtas the wish of the tribunal that its investigations and inquiries should terminate on a date to be specified by the tribunal.
Following the publication of the report, the Government mandated the Attorney General to consult the tribunal on changes to its terms of reference, as provided for under the 1998 tribunals legislation. There were a number of queries as to why the Attorney General was the intermediary here. The answer to those is that it is a provision of the Act. The changes, to which the tribunal then consented, go further than those originally requested in the interim report. Both Houses of the Oireachtas agreed the amended terms of reference on 17 November this year, and we had a good debate on this topic on that date. The tribunal has indicated that the amended terms of reference together with the additional resources given will allow the tribunal to complete its public hearings by March 2007, a substantially shorter time frame than that indicated in the tribunal's fourth interim report.
Since we have already debated the changes made in the new paragraph J which was added to the terms of reference, I will not repeat the detail. Suffice it to say that paragraph J enables the tribunal to complete its current investigations into planning issues in Dublin, including the Carrickmines and Quarryvale modules and interlinked matters. The tribunal must have received any new complaint or request for investigation by 16 December of this year. As this tribunal has been operating since 1997, I do not think this is an unreasonable time limit. Persons who wished to bring matters to the attention of the tribunal have had adequate time and opportunity to do so. They still have up until 16 December to make further submissions.
By 1 May 2005, the tribunal must decide what new matters on its books will proceed to a public hearing. To allow the tribunal to prepare its final report no new investigation can be referred to public hearing by the tribunal, other than matters that come to light during existing investigations.
The discretion being granted to the tribunal, and which is the subject of this legislation, is in Paragraph J(6) of the terms of reference. It will allow the tribunal: to decide to carry out any preliminary investigations as it thinks fit, in private, using all the powers conferred on it under the Acts, in order to determine whether sufficient evidence exists in relation to any matter before it to warrant proceeding to a public hearing if deemed necessary; to decide not to initiate a preliminary investigation or a public hearing of evidence in relation to the matter notwithstanding that the matter falls within the tribunal's terms of reference, or; in any case where it has initiated a preliminary investigation in private, whether concluded or not, but not yet initiated a public hearing of evidence in the matter, to decide to discontinue or otherwise terminate its investigation notwithstanding that the matter falls within the tribunal's terms of reference.
In exercising this discretion the tribunal must have regard to the following: The age or state of health of one or more persons who are likely to be in a position to provide useful information, including oral evidence to be given privately or publicly. This would include the age or likely state of health of any such person, at the possible date in the future when that person or persons might be expected to be called upon to give oral evidence, or otherwise to co-operate with the tribunal. In particular, the tribunal may consider whether or not their age or state of health would to be an impediment to such person being in a position to co-operate with the tribunal or to give evidence to the tribunal in private or in public; the likely duration of the preliminary investigation or public hearing into any matter; the likely cost, or other use of the resources of the tribunal, of such investigation or any stage of the investigation into any matter; whether or not the investigation into the matter is likely to provide evidence to the tribunal which would enable it to make findings of fact and conclusions or to make recommendations and; any other factors which in the opinion of the tribunal would, or would be likely to, render the continued investigation into any matter inappropriate, unnecessary, wasteful of resources, unduly costly, unduly prolonged or of limited or no probative value.
During the debate on the tribunal's amended terms of reference, the issue was raised of using more positive language in relation to the discretion. However, the language used is that requested by the tribunal itself. The 1998 Tribunals Act requires that any amendment to the terms of reference must have the consent of the tribunal. I therefore pointed out at the time that my hands were tied on this matter. In any case the tribunal and the Government is happy that the language in the terms of reference will allow the tribunal to exercise its discretion flexibly and effectively.
In the course of the debate in the Houses on the amendment of the terms of reference in November of this year, questions were raised on how future allegations of corruption would be investigated. I think everyone here agrees that the workings of the existing tribunal have become too unwieldy. That is why we are here today.
The Government has in recent years, made a number of changes, first to make it harder to commit acts of corruption and go undiscovered, and second, to ensure that issues of public concern can be investigated.
The provisions of the Planning and Development Act 2000, for example, have introduced a new level of transparency into the planning process, in particular into the process of adopting development plans and imposing development contributions. The Local Government Act 2001 has extended provisions on declarations of interest and codes of conduct to all members and more senior staff of local authorities.
Under the Prevention of Corruption (Amendment) Act 2001 corruption is presumed where there is proof that certain persons in public office have received money or other benefits from a person who has an interest in the outcome of certain decisions, including planning decisions. This will make the prosecution of corrupt payments easier because it will be up to the individual to show that there was no corrupt purpose to taking the payments.
Other measures introduced by Government, which will assist in the prevention of corruption, include the Ethics in Public Office Act 1995. This Act requires office holders, members of the Oireachtas, the Attorney General, ministerial advisers and persons holding positions in a wide range of public bodies including the civil service to make a public disclosure of interests. The Standards in Public Office Act, 2001 established a commission with wide investigative powers. It is a permanent statutory body set up to monitor, investigate and regulate the conduct of those elected to serve the Irish people or employed in the public service.
As for the future of investigations on issues of public concern, the legislation brought forward by the Minister for Justice, Equality and Law Reform and enacted as the Commissions of Investigation Act, 2004 in July this year allows for commissions of investigation to be established. It is envisaged that these commissions will conduct their inquiries in a less confrontational manner and will be more cost effective than tribunals of inquiry have proven to be. We all know the costs involved and the length of time taken to come to conclusions have been a cause of public disquiet and concern. In fact, Members of this House specifically referred to this during the course of the debate in November. Among other things, the legislation addresses a point that I know to be of concern to members of the Opposition, as well as to the Government. That is, to ensure that the legal costs of these investigations do not go out of control. Speaker after speaker made this point in both Houses in November.
The Commissions of Investigation Act provides that a competitive tendering process may be used in selecting persons to work with the commission, including barristers and solicitors. In addition, when a commission is being established the full costs of the commission will have to be estimated. The chairperson of the commission will have to seek authority from the appropriate Minister if the estimate is to be exceeded. It is also open to the Oireachtas to establish a new tribunal at any date in the future. The option is always available if the circumstances require it. It is important to put that on the record again. While I know Members of this House have no confusion in their minds, some public confusion exists and some people believe we are doing away with tribunals. This is not the case. If the Houses of the Oireachtas in their wisdom feel the circumstances require a tribunal, it can still happen.
The Minister for Justice, Equality and Law Reform will introduce legislation shortly to address the issue of legal costs of tribunals, in particular the third party legal costs. This matter was also raised by Opposition spokespersons. This will give this House an opportunity to debate the issue more thoroughly. The Law Reform Commission will also publish its final report on tribunals shortly. I am sure that the report will contain many useful recommendations on how tribunals should operate in the future.
Notwithstanding these many important changes, the Government is not complacent. When it was established, the tribunal was tasked with making recommendations "as to the effectiveness and improvement of existing legislation governing corruption in the light of its inquiries". To date the tribunal has not recommended further action on legislative change. However, should such recommendations be made, the Government will give them full and early consideration.
The House will be aware that the planning tribunal has been given additional legal resources to allow it to complete its work within the time limit that it set. I know there is some disquiet in the House on the matter. However, this is in line with the Government's commitment to ensuring that the work of the tribunal will be completed fully and properly. When allied with the changes to the tribunal's terms of reference, the additional staff will result in a substantial reduction in the projected life of the tribunal and, as a result, an overall reduction in its final cost to the Exchequer, which is the point made in the fourth report.
The proposed legislation will underpin the tribunal's exercise of its discretion as to which matters it will investigate or bring to public hearing. This will help the tribunal to complete its mandate in a timelier way and within a more certain framework. The changes in its terms of reference and this legislation will allow the tribunal reach findings and make recommendations to help ensure that the events it has investigated cannot occur again. It is important that we learn from the past. The combined wisdom of the Houses of the Oireachtas is evident in the infrastructure we have established in recent years to address the pernicious issue of corruption. In particular, I thank the spokespersons of the main Opposition parties who were very open to discussion with me on this matter.