At the meeting of the Select Committee on Legislation and Security yesterday, I said that the Government had been advised by the Attorney General that legislation was needed to grant absolute privilege to those appearing before it. I undertook to report to the House on the present status of the Houses of the Oireachtas (Privilege and Compellability of Witnesses) Bill. I am now in a position to state that I am arranging for the text of the Bill as it stands to be circulated, with an indication of points which are currently being addressed in the Attorney General's Office. It will be clear to Deputies that this draft Bill would require further consideration before being finalised. However, the Government wish it to be available to the House at this stage.
In addition, yesterday evening the Attorney General's office drafted a more limited Bill, which we are also circulating. It confers absolute privilege and immunity on the witnesses who come before this committee in the course of the inquiry which it has undertaken. This immunity is already enjoyed by all Members of the Oireachtas. The Bill will provide a level playing field for other witnesses who are not Members of the Oireachtas by giving them the same level of privilege and immunity as Members enjoy for the purposes of this inquiry only.
I hope Deputies will accept that, in putting forward these proposals, the Government is anxious to co-operate fully with the select committee in discharging its task. We are asking the Dáil to consider both measures and to decide, in plenary session or in committee, how it wishes to proceed.
The reality is of course that the Government is at present functioning in a caretaker capacity. As is obvious from the Privilege and Compellability Bill and the attendant documentation which we are circulating, there are major issues to be considered and decided in relation to this measure. Thus, it would not be appropriate for a caretaker Administration to push forward such fundamental policy changes. That is why we have brought forward the more limited specific measure for consideration. It is up to the Members of this House to decide on what course to take. Needless to say, we are willing to listen to other suggestions.
I would also like to refer again to the advice of the Attorney General on whether the procedures of the Select Committee on Legislation and Security were adequate in regard to the rules of natural justice and Article 40.3 of the Constitution. The Attorney General advised in relation to the latter point that any person called as a witness whose good name and reputation is at issue is entitled to legal representation with a right to cross-examine witnesses who make statements which would reflect unfavourably upon such persons. Such legal representation would also serve to protect persons called as witnesses from oppressive questioning.
In relation to the rules of natural justice the Attorney General has advised that persons called as witnesses whose good name and reputation are at issue, are entitled — in advance of giving evidence — to the statements of witnesses who will be giving evidence which would reflect unfavourably upon them.
I hope it will be possible to deal with these matters in a reasonable way. It is important and essential for the dignity of the House that it be seen to act in a manner appropriate to a national parliament. We cannot be a party to the setting up of a "star" chamber. The House must conduct its affairs in an orderly and civilised manner and we should proceed on that basis. The people we all serve deserve no less. We must pursue the truth with justice. The truth will come out in the end and justice must be done and be seen to be done.
I understand the Whips agreed that the House should be suspended now to allow the Whips and the party leaders discuss the options before the House, and let us proceed from there.
