Select Committee on Finance and General Affairs debate -
Thursday, 23 Jan 1997

SECTION 4.

Mr. D. Ahern

I move amendment No. 25:

In page 5, line 36, after "reference" to insert "except that, if, in the event that during the course of its deliberations the committee is of the view that it is essential for the purpose of its functions to elicit further evidence which may be outside the terms of reference of the committee, the committee may adjourn its deliberations on this issue and the chairman may then report to the Oireachtas on this issue and request an amendment to the terms of reference of the committee in order that the issue involved may be fully examined by the committee".

Although I drafted this amendment some time ago it is probably more relevant today than at that time. I note the advice of our legal adviser that the section should not remain without amendment. He said that in any event the committee must act within its terms of reference and that section 4 is superfluous. I note that the Minister of State has proposed that it be deleted.

Mr. M. McDowell

The Minister of State was to propose that it be deleted on the basis of an amendment which she has now withdrawn.

Mr. D. Ahern

The importance of the purpose of this amendment is highlighted by the difficulties at the hepatitis C tribunal. There is a motion on the Dáil Order Paper in the name of the Fianna Fáil spokesperson on health asking that the terms of reference of that tribunal of inquiry be amended to facilitate the Irish Haemophilia Society.

This amendment received the imprimatur of our legal adviser. He examined it carefully and considered the better option to be to retain the section with this amendment, rather than delete the section.

Mr. M. McDowell

This is an important amendment. If, during an inquiry, a committee finds it cannot proceed because, for a technical reason, certain witness evidence would be outside the terms of reference, the committee should be entitled to seek the authority of the Dáil to rectify the matter. Our legal adviser considered it a good idea.

Mrs. Doyle

The effect of this proposal is to allow the chairman of an investigating committee to request that his committee's terms of reference are changed during an investigation in order to allow questioning of a witness on a matter outside the scope of the committee's existing terms of reference. Members will realise that current Standing Orders provide for a committee to request the Oireachtas to change its terms of reference. As a procedure for this already exists, I see no need to make it explicit in the legislation. However, if the members so wish, I can accept the amendment. I do not see the need for it but I am happy to concede if it meets the members' requirements.

I had intended moving the deletion of section 4 as the provisions of the section were to be incorporated into section 3 by way of amendment No. 20. As amendment No. 20 has been withdrawn to be reintroduced on Report Stage, I will not now move the deletion of section 4.

Mr. D. Ahern

It is just as well if the amendment is being accepted.

Mrs. Doyle

I accepted the principle although it may find a different home.

Mr. D. Ahern

I accept that the committees may have a power to do so already but it is better to include it explicitly.

Acting Chairman

I remind members that they should have referred to "orders of reference".

Mrs. Doyle

We will change those references.

Amendment agreed to.

Section 4, as amended, agreed to.