Michael P. Kitt
Ceist:109 Mr. M. Kitt asked the Minister for Finance the current position regarding giving privilege to witnesses attending before committees of the Houses of the Oireachtas. [19532/96]
Written Answers. - Privilege for Witnesses.
The current position is that witnesses attending before committees of the House of the Oireachtas are subject to the same laws of defamation and slander as any other witnesses attending hearings of other public bodies. However, the Privilege, Compellability and Immunities of Witnesses Bill which is at Committee Stage, provides for a significant amendment to this position.
The privilege of witnesses, as set out in the present text of the Bill which went through Second Stage last November, is that witnesses, except for a small number of specified exceptions, can be compelled to attend meetings of appropriate Oireachtas Committees. These committees have the power to call persons and papers in their terms of reference. These witnesses are obliged to answer questions when making such appearances. This should ensure that there is no impediment in the way of committees investigating important matters of State.
As witnesses are to be compelled to appear before Oireachtas Committees, then it is in the interests of natural justice that answers to questions or information supplied on foot of such appearances are privileged. The text of the Bill presented at Second Stage provides for High Court privilege for witnesses in all cases except where a Committee Chairman instructs a witness to stop giving evidence and the witness refuses to do so. In these cases, the witness shall be entitled to qualified privilege only. It is not my intention to amend that position on Committee Stage.