I see a problem for this committee in deciding on this section. I ask the Minister to look at a particular subsection, which might resolve the problem without any great financial cost or without a political principle being conceded. The Minister should remove subsection (2) (d) relating to the non-payment of salary. Section 27 (3) recognises that even if a person is suspended for a period without pay, it will not be held against them for pension purposes, etc.
There is a problem here for all Members because, under the Constitution, only a committee of one's peers and the House could decide its rules and regulations. The select committee must be one of the Dáil Members of other professions would like to be tried by their peers and it is a principle of justice to be tried by one's peers in a court.
There is a difficulty, however, when it comes to a select committee of parliamentarians. Although it may look fair to be tried by one's peers, party political motives may influence people. I would be satisfied to be tried by Members here if they were on the select committee. However, if a political issue was involved or something which would be advantageous to my party which had the majority in the House at the time, Members might be under pressure to suspend or fine a particular person because it would benefit them. The same may apply to members of other parties. I know the Deputies well as individuals and I would be prepared to try them in a court of law, but in the public arena of Irish politics other pressures are brought to bear on people. Irrespective of what a person might want to do, there could be party considerations coming up to an election, perhaps in constituencies with marginal seats.