I agree with what Senator O'Higgins has said. If the Bill coming before us were wider in scope there could be absolutely no question but that it would have to come to us with due notice and be very thoroughly examined. It may well be that we can accept the point of view that this is a matter of the Dáil regulating the business of its own committees, and being of the opinion that it was necessary to have legislation for the purpose of carrying out this work effectively, they ask for the legislation.
Nevertheless, there are implications, even in a Bill as narrowly drawn as this, for all committees—whether they are committees of the Dáil or of the Seanad. Accordingly, we cannot regard this purely as a matter of the regulation of Dáil business. It is a custom, when legislation is introduced, that the promoting Department circulates the heads of the Bill to other Government Departments and the provisions of the Bill are, in turn, examined by the other Departments before there is final approval and introduction of the Bill into the Oireachtas. If time was available and matters were not urgent, even if the Dáil were initiating legislation in regard to the regulation of its own business and if it were convinced that this had absolutely no effect on the business of the Seanad, this should be referred to Seanad Éireann. It is most unfortunate that this Bill is brought before this House and speedy passage for it is being asked without the Bill having been considered by the Committee of Procedure and Privileges of Seanad Éireann.
There is a real difficulty here. It may well be said that the Bill is narrowly drawn and because of the way in which it is narrowly drawn that it will not affect the committees which are not mentioned. It may be held that it refers only to the particular investigation which Dáil Éireann has asked to be carried out. Nevertheless, the fact that a Bill is introduced in order to put beyond doubt privilege in regard to this committee in this particular piece of work, may well afterwards be held as reinforcing the doubt; it may afterwards be appealed to as a ground that privilege does not exist in other committees of either House of the Oireachtas. Once we take positive action in legislation in regard to this particular instance we are affecting the whole question. Members have been circulated with the Interim Report of the Dáil Committee of Public Accounts and some Members may have been happier than I was about the clarity of the opinions expressed. From reading that report, I certainly could not come to any conclusion but that there was doubt in the minds of at least those reading the opinion.
We must enter a warning note that what is being done in this regard may well have an effect. We have, in Seanad Éireann, a Committee on Statutory Instruments, a Committee which is doing an excellent job of work, year in year out. It may well be that having passed this Bill rapidly, gone home, enjoyed our Christmas, we may suddenly realise that by enacting this particular piece of legislation at the behest of Dáil Éireann and its Committee of Public Accounts, we may have by that very act thrown doubt upon the powers and the privileges of our own Committee on Statutory Instruments.
I would ask the Minister, if we are prepared to give him this Bill here today, will he undertake, having got this Bill for this purpose, to have the whole question of privilege examined? If it is found that the Bill will cast any doubt, or weaken in any way the privilege of any of the other committees, will this matter be brought forward for earnest consideration, and any possible undesirable consequences will be mitigated in this way? I do not think it is necessary to remind the Minister of the possible difficulties in this regard. Both of us served on the Committee on Constitutional and Administrative Procedures, in which the difficulties in regard to this question were discussed. Subsequently, the remarks of the committee on these difficulties were gravely misunderstood among the general public. Perhaps it is necessary to go ahead in this regard. It is certainly necessary to ensure that this sticky area as regards the privileges of our committee should be looked into. If the Minister could assure us that this matter will be thoroughly examined, I for one would be happier in allowing this Bill to pass.
