Oireachtas Joint Committee on the Constitution proposes an amendment to the Constitution to strengthen the Oireachtas Power of Inquiry

The amendment proposed by the Committee would allow the Oireachtas through its committee structure to conduct inquiries and make findings which may attribute personal culpability to identifiable individuals.

Deputy Seán Ardagh, chairman of the Committee, said:

“Structures of accountability should mirror structures of power within the institutional framework of the state. The power of inquiry, aided by the power to compel witnesses and disclosure, is essential to the legislative function. The Supreme Court in the Abbeylara case found that the Oireachtas did not have an inherent power to conduct inquiries and that it had overstepped its jurisdiction when it instituted the type of inquiry involved in that case.

In this review the Committee found that the Irish Parliament has much less power to hold in-depth investigations than its international equivalents.

The reform proposed by the Committee would expressly authorise the Oireachtas to carry out inquiries. It also provides for the limitation of its exercise for the protection of witnesses. As a cross-party committee, we are very hopeful that a window of opportunity now exists, among the numerous calls for reform of the political and institutional framework, to implement this proposal.”

The Committee considers that its proposals for reform will require three measures and recommends:

•  A constitutional amendment expressly providing for an inherent power of investigation. The amendment will also contain ordinances allowing for non-criminal findings of wrongdoing against individuals and for the balancing of the public interest in effective parliamentary investigation with the right of persons to their good name;

• Enabling legislation establishing the relationship between any appointed investigative body and the relevant Oireachtas committee, granting powers to compel testimony and disclosure and providing the necessary definitions and balance;

• A protocol, based on the enabling legislation, to be incorporated into the Standing Orders of the Houses of the Oireachtas. This will include a comprehensive list of rights enjoyed by witnesses and others that may be affected by a parliamentary inquiry and guidelines for the conduct of members appointed to serve on a committee of inquiry.

For further information, contact:

Ciaran Brennan,
Oireachtas Communications Unit,
01-6183903/086-0496518

Committee Membership
Deputies      
Seán Ardagh FF (Chairman)   
Jimmy Devins (FF)     
Olwyn Enright (FG)     
Charles Flanagan (FG)    
Brendan Howlin (LAB) (Leas-Cheann Comhairle)
Paul Kehoe (FG)
Michael Kennedy (FF)
Jim O’Keeffe FG (Vice-Chairman)
Ned O’Keeffe (FF)
Mary O'Rourke (FF)
Michael Woods (FF)

Senators
Dan Boyle (Green Party)
Denis O'Donovan (FF)
Eugene Regan (FG)
Alex White (LAB)

Further information on the Committee’s ongoing work is available on the Joint Committee on the Constitution page