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Select Committee on Finance and General Affairs debate -
Thursday, 30 Jan 1997

SECTION 8.

Question proposed: "That section 8 stand part of the Bill."

I opposed the section because of the inclusion of an appeals procedure. However, the Minister of State is reconsidering this matter.

With regard to section 8(3), who will pay the costs if a committee goes before the High Court?

It will be paid for from a Vote of the Oireachtas.

Is there provision that a committee must seek legal advice before incurring the expense of going to the High Court?

This illustrates my point regarding the indemnification of Deputy Foley and other committee chairmen regarding their liability for——

I am not sure if we should even discuss that case; it did not arise before a committee. There would not be indemnification in the same situation, even after the passing of this legislation, for the chairmen of committees.

We should ensure that the committee does not go to the High Court on a wild goose chase. Who will make such decisions?

Guidelines will have to be issued. The question of funding also arises. Sanction from the Department of Finance must be obtained for these measures and the Government could frustrate committees by refusing finance. It will be necessary for the Minister for Finance to give the Houses of the Oireachtas a specific Vote which will not be under the control of his Department.

Members will not give of their time to work in committees unless there is complete co-operation from the Government of the day and the Department of Finance. I would not serve a committee if the necessary finance was not made available. Members would insist on adherence to guidelines.

It is not a matter for statute.

Question put and agreed to.
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