Deputy Bruton has a point. These tribunals are a mounting cost for any Minister for Finance. I have been looking at the issues. Like Deputy Bruton I am a believer in the committee system.
Let me make a few points on the down-side — there would be no point in my going through the positive side. We will have a chance at the Committee on Procedure and Privileges to iron out some of these arguments. The Oireachtas committees at present adopt a practical and pragmatic approach to their terms of reference. In general Members are allowed to put whatever questions the chairman considers relevant, and they can and do from time to time interpret these terms of reference rather loosely. It works well and the civil servants who go before the committees answer well. My understanding from legal advisers is that once witnesses are compelled to attend committees and face penalties if they do not answer questions, this position would have to change and the protection of a witness's constitutional rights in that situation would require the terms of reference of the committees to be tightened up and would require committee members in any inquiries they pursue to adhere strictly to their terms of reference. In addition, the witnesses may have a right to know the precise procedure under which the committee operate.
While I have sympathy for the objectives of enhancing the powers of Oireachtas committees, there are dangers that such changes, if not carefully worked out, might pose a threat to elements of our present committee system which we all regard as very valuable. As this is a matter of such fundamental importance to the House the Committee on Procedure and Privileges are the group best fitted to express their views on it. There are many arguments which I do not need to go through as they will be in my memorandum.