I move:
That Seanad Éireann resolves that the terms of reference contained in the resolution passed by Dáil Éireann on 7 October 1997 and by Seanad Éireann on 8 October 1997, as amended by the resolutions passed by Dáil Éireann on 1 July 1998 and by Seanad Éireann on 2 July 1998 pursuant to the Tribunals of Inquiry (Evidence) Acts, 1921 to 1998 be amended as follows:
1.By the deletion in each case where they occur of the words "the Sole Member of".
2.By the addition of the following paragraphs after paragraph G:–
‘H. The Tribunal shall, subject to paragraphs I and L, consist of, from a date to be specified by instrument made pursuant to the Tribunals of Inquiry (Evidence) Acts, 1921 to 1998 by the Minister for the Environment and Local Government, not more than three full members one of whom shall be the Honourable Mr. Justice Feargus M. Flood, who shall also be the Chairperson of the Tribunal.
I. The Minister for the Environment and Local Government shall also appoint a fourth person as a reserve member of the Tribunal to hear evidence with a view to such person being appointed a full member of the Tribunal in the event that any member of the Tribunal is, for any reason, unable to continue to act; in such circumstances, the Minister for the Environment and Local Government shall, by instrument made pursuant to the Tribunals of Inquiry (Evidence) Acts, 1921 to 1998 appoint such fourth person a full member of the Tribunal and such person shall be deemed to have been a full member of the Tribunal from the date the three member Tribunal was appointed, which date shall be specified in any such instrument made pursuant to the Tribunals of Inquiry (Evidence) Acts, 1921 to 1998 by the Minister for the Environment and Local Government.
J. A person appointed as a reserve member of the Tribunal shall attend Inquiry hearings but not contribute to any of the Tribunal's private deliberations. The reserve member shall sit in the hearing chamber and observe all proceedings; will review all written evidence; will attend Tribunal discussions as an observer; but will not contribute to the Tribunal's decisions or seek to influence these in any way. The reserve member will accordingly be fully versed in all evidence before the Tribunal, should future events make it necessary for the reserve member to be appointed as a full member of the Tribunal.
K. In the event that the Chairperson, for any reason, is unable to continue to act, the Minister for the Environment and Local Government shall, by instrument made pursuant to the Tribunals of Inquiry (Evidence) Acts, 1921 to 1998, designate a member of the Tribunal as Chairperson.
L. In the event that it is necessary for the reserve member to be appointed a full member of the Tribunal, and subsequently one or two members are for any reason unable to continue to act, or if for any reason the reserve member is unable to act, the Tribunal may continue to act as a two member or sole member Tribunal as the case may be.
M. Any matter to be determined by the Tribunal shall be determined by a majority of the members and, in the case of any equal division, the Chairperson shall determine the matter, save for the issue of costs which shall be dealt with in accordance with the provisions of the Tribunal of Inquiry (Evidence) Act, 1921 and section 6 of the Tribunals of Inquiry (Evidence) (Amendment) Act, 1979, as amended by section 3 of the Tribunals of Inquiry (Evidence) (Amendment) Act, 1997.'".
