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Proposed Legislation

Dáil Éireann Debate, Thursday - 27 June 2013

Thursday, 27 June 2013

Questions (142)

Andrew Doyle

Question:

142. Deputy Andrew Doyle asked the Minister for Public Expenditure and Reform further to Parliamentary Questions Nos. 142 of the 16 May 2013 and 67 of 23 May 2013, if he will clarify that the Houses of the Oireachtas (Inquiries, Privileges and Procedures) Bill 2013 that will provide for a statutory qualified privilege for private papers of Members and official documents of the Houses will include that of political staff working in their parliamentary and constituency offices in terms of their documents, emails and other communications; and if he will make a statement on the matter. [31442/13]

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Written answers

The Houses of the Oireachtas (Inquiries Privileges and Procedures) Bill 2013 provides for a statutory qualified privilege for the private papers of Members and official documents of the Houses. Section 104 of the Bill (as amended in the Select sub-Committee on Public Expenditure and Reform) provides a definition of what constitutes a “private paper” within the meaning of the Bill.

In the first instance, it is a matter for the Houses to regulate which documents will be designated as private papers. Section 107 of the Bill provides that a Member may at any time apply to the committee designated for this purpose (the “Part 10 committee”) for a determination as to whether a document is a private paper. Additionally, Section 108 of the Bill empowers a House to prepare and issue guidelines to provide practical guidance for Members including protocols to be followed relating to maintaining a document as a private paper.

In addition, Section 104(2) of the Bill provides that nothing in Part 10 shall be construed to prejudice the power of each House to make rules and standing orders pursuant to Article 15.10 of the Constitution to create a protection for private papers referred to in that Article and irrespective of whether the definition of “private paper” provided for in such rules and standing orders overlaps, whether in whole or in part, with the definition of “private paper” in Part 10 of the Bill.

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