Proposed Legislation

Dáil Éireann Debate, Thursday - 23 May 2013

Thursday, 23 May 2013

Questions (67)

Andrew Doyle

Question:

67. Deputy Andrew Doyle asked the Minister for Public Expenditure and Reform further to Parliamentary Question No. 142 of 16 May 2013 regarding the proposed Houses of the Oireachtas (Inquiries, Privileges and Procedures) Bill, if he will clarify the current legislative position regarding communications and privilege for papers, emails and documents sent, received and held by members of the Houses of the Oireachtas and their staff; and if he will make a statement on the matter. [24932/13]

Written answers

Minister for Public Expenditure and Reform

The Government, at its meeting on 14 May 2013, approved the publication of the Houses of the Oireachtas (Inquiries, Privileges and Procedures) Bill 2013. The Bill provides for a statutory qualified privilege for private papers of Members and official documents of the Houses. These provisions are intended to apply in all circumstances and are not restricted to inquiries carried out under the Bill. The Bill also provides for a qualified privilege for confidential communication from members of the public to Members of the Oireachtas.

Currently there is no general statutory underpinning for privilege attaching to private papers of Members or communications with Members. Section 17 of the Defamation Act 2009 provides absolute privilege in relation to certain statements made in the Houses, or committees appointed by either House, or both Houses, and in relation to certain reports containing such statements.