I am disappointed that some Independent TDs and Senators have decided to join the Law Society in not backing next Thursday’s referendum to allow the Oireachtas to inquire into matters of public importance", Minister Brian Hayes has said.
"Deputy Stephen Donnelly today claimed that passing this referendum would allow for a virtual free for all for politicians, when that is blatantly not the case.
A ‘Yes’ vote will see the Oireachtas conferred the power to inquire and report – that is all. There will be no powers to punish, fine or discipline, simply to inquire into matters of public importance and to report their findings.
Every other parliament in Europe and throughout the developed world has this sort of power, because it is an essential part of the legislative and parliamentary process.
The power will inevitably be used relatively sparingly. Realistically, inquires will be short, focussed and intensive.
Deputy Donnelly also claimed that if the person being investigated feels their rights are being violated, they may not be able to go to the courts to defend them, when that again does not reflect the reality of the situation.
A Yes vote will see witnesses before Oireachtas inquiries potentially having the benefit of a very detailed set of safeguards and protections set out in the legislation that the Minister for Public Expenditure and Reform has published and is committed to bringing through the Oireachtas if the Referendum is approved.
Nothing in this proposed amendment would impact on a person’s existing constitutional right to turn to the Courts if they believed that they have not been afforded by the inquiry the right to fair procedures which they are entitled. As one eminent constitutional expert wrote earlier today "it [is] clear that judicial review, which is pretty well the leading principle of the Constitution, cannot be uprooted"
And remember that politicians at present have a right of absolute privilege for anything they say in either House or in committee. They do not abuse this absolute privilege, by defaming individuals or invading their privacy. The public would not stand for such an abuse of personal rights.
A Yes vote to the proposed constitutional amendment will inject greater accountability and transparency into public life at a lower cost to the taxpayer", said Minister Hayes.