I move:
(1) That Seanad Éireann concurs with Dáil Éireann in its Resolutions communicated to Seanad Éireann on 1st March, 1995 that the Orders of Reference of the Joint Committee on Foreign Affairs be rescinded and that a Joint Committee of both Houses of the Oireachtas, which shall be called the Joint Committee on Foreign Affairs, be appointed consisting of 21 members of Dáil Éireann and 10 members of Seanad Éireann, excluding the ex officio members of the Committee referred to in paragraph (7).
(2) That the Joint Committee shall have power to appoint sub-Committees and to delegate any matter comprehended by paragraphs (4), (8), (9) and (11) to a sub-Committee.
(3) That the Select Committee of Dáil Éireann shall consider the Estimates for Public Services submitted to Dáil Éireann in respect of Foreign Affairs and International Cooperation and report thereon to Dáil Éireann and the Select Committee shall have power to appoint a sub-committee for this purpose.
(4) That provision be made for the referral to the Joint Committee of Bills initiated in Dáil Éireann by the Minister for Foreign Affairs or a Minister of State at the Department of Foreign Affairs and Bills initiated in Seanad Éireann by the Leader of the House and originating in the Department of Foreign Affairs.
(5) That in the case of a Bill originating in one House, the motion of referral in the second House shall constitute a Second Reading of the Bill and the debate thereon shall be confined to the general principle of the Bill and where the Third Stage has been dealt with in the Joint Committee, the Bill shall on its receipt in the second House after being passed by the originating House be set down for Report Stage, the First, Second and Third Stages being waived.
(6) That the report of the Joint Committee upon every Bill which is referred to it shall be set down for Report Stage in the originating House.
(7) That the Minister for Foreign Affairs shall be an ex officio member of a Committee or sub-Committee which is considering——
(i) a Bill referred to it, or
(ii) Estimates for Public Services,
and may nominate a Minister or Minister of State to be such ex officio member in his or her stead.
(8) That the Joint Committee shall consider the impact on equality of policy and legislation in respect of the Department of Foreign Affairs and report thereon to both Houses of the Oireachtas.
(9) That the Joint Committee shall consider such aspects of Ireland's international relations as the Joint Committee may select and report thereon to both Houses of the Oireachtas.
(10) That any consideration by the Select Committee, the Joint Committee or a sub-Committee of security issues relating to Northern Ireland shall be in private session.
(11) That reports relevant to the Department of Foreign Affairs may be referred to the Joint Committee for discussion, observations and recommendations, and the Joint Committee shall report thereon to both Houses of the Oireachtas.
(12) That the Joint Committee shall make an annual report to both Houses of the Oireachtas which shall detail:
(i) the work carried out by the Committee,
(ii) the work in progress by the Committee,
(iii) the attendance and voting records at meetings of the Committee,
(iv) its future work programme, and
(v) such other matters as the Committee deems appropriate.
(13) That the Select Committee, the Joint Committee and each sub-Committee shall have power to send for persons, but information need not be provided to a Committee or a sub-Committee if a member of the Government certifies in writing that such information is confidential or that its disclosure would be prejudicial to the State's international relations.
(14) That the Select Committee and the Joint Committee shall have power, subject to the consent of the Minister for Finance, to engage the services of persons with specialist or technical knowledge to assist them or a sub-Committee for the purpose of particular enquiries.
(15) That provision be made for the appointment of substitutes to act for members of the Select Committee, of the Joint Committee or of a sub-Committee who are unable to attend particular meetings; and that Members of the Oireachtas, not being members of the Joint Committee, may attend meetings and take part in the proceedings of the Joint Committee and each sub-Committee without having a right to vote.
(16) That Members of the European Parliament elected from constituencies in Ireland (including Northern Ireland) and Members of the Irish delegation to the Parliamentary Assembly of the Council of Europe may attend meetings of the Joint Committee and of its sub-Committees; and that other Members of the European Parliament may, at the invitation of the Joint Committee or of a sub-Committee, attend particular meetings. Members of the European Parliament and Members of the Irish delegation to the Parliamentary Assembly of the Council of Europe attending on such occasions may take part in proceedings without having a right to vote or to table amendments to Bills referred to the Committee under paragraph (4).
(17) That the Select Committee, the Joint Committee and each sub-Committee previous to the commencement of business, shall elect one of its members to be Chairperson, who shall have only one vote.
(18) That all questions in the Select Committee, the Joint Committee and each sub-Committee shall be determined by a majority of votes of the members present and voting and in the event of there being an equality of votes, the question shall be decided in the negative.
(19) That every report which the Select Committee or the Joint Committee proposes to make shall, on adoption by the Committee, be laid before Dáil Éireann or, in the case of a report by the Joint Committee, both Houses of the Oireachtas forthwith, together with any document relating thereto which the Committee proposes to publish, whereupon the Committee shall be empowered to print and publish such report and the said document, or documents, as the case may be.
(20) That notwithstanding paragraph (19), where the Joint Committee has completed Committee Stage of a Bill, it shall be empowered to print and publish the said Bill as amended, where appropriate.
(21) That the Joint Committee shall have the power to discuss and draft proposals for legislative changes and new legislation for recommendation to Ministers which are relevant to the matters comprehended by paragraph (9).
(22) That the Joint Committee shall have the power to receive submissions and hear evidence from interested persons and organisations.
(23) That the Joint Committee shall have power to print and publish from time to time minutes of evidence taken before it together with such related documents as it thinks fit.
(24) That Ministers and Ministers of State shall discuss with the Joint Committee, where practicable, general proposals for legislation relevant to the matters comprehended by paragraph (9) prior to such legislation being approved and published by Government.
(25) That Ministers and Ministers of State shall appear before the Joint Committee to discuss current policies relevant to the matters comprehended by paragraph (9) and the implementation of such policies in their Departments. A Minister or Minister of State may request the Joint Committee to convene to enable him or her to explain current or proposed policy or to initiate a debate thereon.
(26) That the quorum of the Joint Committee shall be 8, the quorum of the Select Committee shall be 5 and the quorum of each sub-Committee shall be a number to be decided by the sub-Committee when such sub-Committee is appointed.
(27) That no document received by the Clerk to the Select Committee, the Joint Committee or a sub-Committee shall be withheld, withdrawn or altered without the knowledge and approval of such Committee.
(28) That the Joint Committee shall have power to liaise and consult, as its deems necessary, with the Joint Committee on European Affairs to ensure co-ordination and co-operation between both Committees in relation to areas of common activities as provided in the respective Orders of Reference.
(29) That the Joint Committee shall have power to request, as it deems appropriate, of the Joint Committee on European Affairs, that a joint meeting of both Committees be held to consider a specific matter or matters of common activity.
(30) That in the case of any joint meeting held with the Joint Committee on European Affairs the following shall apply:—
(i) the Chairperson of the Joint Committee on Foreign Affairs shall also act as the Chairperson of any such joint meeting and in the event of his or her unavoidable absence from a joint meeting, a temporary Chairperson shall be elected from among the members present and voting;
(ii) the quorum for the joint meeting shall be 9, of whom at least 2 shall be members of the Joint Committee on Foreign Affairs and at least 2 shall be members of the Joint Committee on European Affairs; and
(iii) the Orders of Reference, as set out herein, shall otherwise continue to apply.
(31) That all appointees to high office in the State shall attend meetings of the Joint Committee, as appropriate, and subject to the legal constraints of their office, to discuss issues which are relevant to the matters comprehended by paragraph (9).
I am very pleased to have the opportunity to move these motions because they mark a further step along the road to parliamentary reform. All of us are aware of how difficult it is to change major institutions, whether they be universities, sporting organisations, churches or whatever. The inertia and difficulties of managing change are formidable. In these Houses of Parliament we were in years past ironically exhorting other institutions to update their procedures and practices to gear themselves for change but we were certainly not leading by example. It is only in the last decade or so that parliamentary reform has become a major topic in these Houses.
In saying that, we are not that much in insolation. We lagged behind a number of parliaments but virtually every parliament in the world has had to face up to problems of change and, more especially, the need to carve out new roles. Parliaments everywhere have been beset with a range of forces competing for the grounds once held by them. This can be seen in the form of international organisations and the ceding of power to bodies like the European Union, the growing importance of television and radio as the fora in which much national debate takes place and the growing power of pressure groups who are frequently able to get direct access to Government to influence legislation. Competition has also come from the increasing scope and size of Government, its enormous complexity and the sheer range of its activities. With all of these developments taking place. Parliament tended to be left out.
Political scientists and parliamentarians throughout the world have for some time been concerned with the eroding power of parliament. Various proposals have been made and some parliaments have adapted more quickly than others. More modern parliaments, especially the Bundestag, have been examples of this. The Bundestag had the advantage of coming into existence not cumbered by any great legacy of parliamentary history, it was a new institution. It emphatically put the committee system at the very centre of its activities. There is a realisation that it is through committees that parliaments will function most effectively.
I am a great believer in plenary sessions and in this and the other House acting as Houses in full session, especially for the playing out of the great issues. Parliament to a great extent is the people talking to itself. It is expected to have an element of drama about it, to touch upon the lives of people and to influence and affect them. However, Parliament in plenary session is not always suited to detailed discussion of a wide range of topics. The plenary session is not sufficiently flexible. It does not allow for focus, for Members to exchange views in an informal way, for the questioning of witnesses and for civil servants to participate in debates where their input is requested. Thus, the plenary session has a great number of limitations which are certainly met by the committee system.
The committee system, from the point of view of ordinary Members of either House, has two very important roles. The first is job satisfaction. Through the committee system Members can specialise in particular areas and develop expertise in them. They can make contributions which are informed and backed up by research. The level of debate can be higher than is often the case in more general debates and Members can feel job satisfaction.
I have often said that the most frustrating time of my life as a Member of Parliament was during my years on the Government backbenches in the 1980s. There is no more frustrating role than that of a Government backbencher. If one expresses independent views one can be accused of being disloyal, rocking the boat or seeking undue attention. If one supports the Government line one is accused of being a lackey and the statement "He would do that wouldn't he" is the response. It is a difficult role and the level of frustration I personally experienced during those years made me question whether I wanted to stay in politics.
The committee system is an antidote to that type of frustration because it allows the Member to become involved in specific projects and issues where, if the committee is working well, the Member feels that he or she has a meaningful role. There is a general acceptance in these Houses that the committee system should be at the core of any major reforms of our parliamentary system. In the 1980s we saw an experiment with committee systems introduced by the then Leader of the House, Deputy Bruton. Some of these committees worked and others did not.
The key factor in the success of those committees was the chairperson. An effective, dedicated, intelligent chairperson will lead the committee, set the agenda, drive the other Members and ensure the committee is heard. Where the chairperson lacks these qualities the committee is likely to be less effective. The committees need leadership. If one goes back and examines the committees that worked and those that did not, the common factor will in almost all cases be the quality of the lead given by the chairperson. There was also an element of hit or miss in the committees of the 1980s as to whether or not their terms of reference were appropriate.
From the point of view of Members, I would also draw attention to the educational function of committees. One of the most effective committees in the 1980s was the Committee on Overseas Development and Overseas Aid. It allowed people who did not have a background in overseas aid to get stuck in, learn a great deal, travel, see problems for themselves on the ground and interact with the agencies and the people involved. By the end of that session there was a strong lobby in both Houses for greater Government and national commitment to overseas aid.
There was also a body of people who had become highly educated on the complex issues involved in overseas aid. Educating ourselves and the wider public is important. It is also important to show to the various voluntary groups which are doing good work that people in the Houses of Parliament are prepared to listen to them, learn from them and represent their points of view. It is important to show them that they have a place in Parliament where they will be listened to and where their points of view may well influence Government policy. This interface between Parliament and the bodies that make up the wider public is often achieved better through the committee system.
The Fianna Fáil/Labour Government introduced a wide range of committees. The general agreement is that they have functioned well. I am not one of those who takes the view that the Select Committee on Legislation and Security, which inquired into the events surrounding the collapse of the last Government, failed in its job. I believe it succeeded because the wisdom of Solomon would be required to know the exact truth of those events. Truth has many shades and aspects, and in many cases the truth depended on the position from which one observed the events.
The committee has put on the record for all time the almost contemporaneous accounts of the people involved and it will be for history to judge. Few historians looking at past parliamentary events will have such a rich body of material at their disposal when they come, in the fullness of time, to write of the events of those days. I believe that committee did a very good job and I do not think it was the job of the committee to be judgmental where the evidence did not warrant it. If one compares the cost of that committee with the cost of the Tribunal of Inquiry into the Beef Processing Industry, the taxpayers got very good value indeed.
We are all learning about the potential of committees. We were not sufficiently included in the 1993 reform of the committees; we were excluded from three of the four major committees. In the committees proposed today there is an extension of Seanad membership on the Joint Oireachtas Committee on Foreign Affairs. The new committees will be joint committees; therefore Members of the Seanad will have a greater role in the new committee system. However, these proposals are not the end of the story. These Houses are at the early stages of parliamentary reform. We must look at a range of other ways to do our work. That is why I initiated the debate on the reform of this House and I hope Members will contribute to that discussion in the coming weeks. I also announced my proposals to establish a small all-party committee to see how we can refine our ideas, set firm time targets and focus on the things we want to do in the short term. This House will look at and update its own procedures and practices over the next ten years.
Item 1 deals with the Joint Oireachtas Committee on Foreign Affairs. This will be a flagship committee and that is why I am pleased that the number of Senators on it has doubled. This committee will have the power to establish subcommittees, to deal with Bills on Committee Stage which have been referred to it by either House, to monitor, as will all committees, the impact of legislation on equality and to ask civil servants or other groups for information when necessary.
I draw the attention of the House to the question of privilege. As we remember from last November and December, privilege was at the centre of the preparatory work of the Select Committee on Legislation and Security. Privilege of witnesses and people appearing before committees is an area which needs clarification. The Government hopes to introduce at the earliest possible opportunity the Houses of the Oireachtas (Privileges and Compellability) Bill, which will provide privileges for witnesses and others in connection with proceedings of Oireachtas committees as well as compelling witnesses to attend before these committees. This important issue is at the centre of the successful working of the committees.
The committees will also have the power to engage specialist assistants. When we spoke last week on the reform of the Seanad, Senator Lee, whose views on the role of this House are interesting, confessed that the level of debate in this House is superior to that in many of the academic fora he attends. I hope I did not misinterpret what he said.