Committee Reports > List of Committees > Dáil > 1971 > Committee of Public Accounts > Final Report - Northern Ireland Relief Expenditure

IMEACHTAÍ AN CHOISTE

PROCEEDINGS OF THE COMMITTEE

Dé Céadaoin, 30 Meitheamh, 1971.

Wednesday, 30 June, 1971.

18. The Committee met again at 12.30 a.m.

19. Ordered: that the following statement be now made in public session by the Chairman:—

“During its meeting which began at 4 p.m. on Tuesday, 29th June the Committee considered the following motion proposed by Deputy G. FitzGerald:—

‘That Mr. John Kelly and Mr. Páraic Haughey be summoned at the earliest date to give evidence, and that if they fail to attend or refuse to answer relevant questions legally required to be answered, an interim report be made to the Dáil seeking substitute legislation.’

This motion was voted on as follows:—

For: Deputies R. Burke, E. Collins, P. Hogan (Chairman) and J. Keating.

Against: Deputies S. Barrett, H. Gibbons, R. MacSharry and T. Nolan.

In accordance with the provisions of Standing Order 72, there being an equality of votes, the Question was decided in the negative.

A motion was then proposed by Deputy R. Burke as follows:—

“That the draft interim report put forward by Deputy R. Burke be adopted, the report being:

[See text in paragraph 10]

This motion was voted on as follows:—

For: Deputies R. Burke, E. Collins, P. Hogan (Chairman) and J. Keating.

Against: Deputies S. Barrett, H. Gibbons, R. MacSharry and T. Nolan.

In accordance with the provisions of Standing Order 72, there being an equality of votes, the Question was decided in the negative.

The Committee then decided that Mr. John Kelly and Mr. Paraic Haughey be summoned to attend before the Committee on next Tuesday, 6th July.

The Committee took into consideration the statements in the recent judgement of the Supreme Court in relation to legal representation. They decided to rescind Procedure (iii) of the procedures set out in Appendix 3 of the Interim Report of 15th December, 1970 and to adopt the following procedure:

‘The Committee allows witnesses to be accompanied by counsel, solicitors, or advisors. A witness who states to the Committee that his conduct has been impugned as part of the subject matter of the examination may apply to the Committee to be allowed the right to have his counsel cross-examine the accuser and to address the Committee.’

The Committee decided that where a witness intends to avail himself of the above-mentioned procedure, he should be asked to give 24 hours notice to the Committee of such intention. The Committee further decided to engage counsel where the circumstances warranted it.”

20. The Committee went into public session.

21. The Chairman made the statement decided on by the Committee at this meeting.

22. Deputy FitzGerald made a statement, by permission of the Committee, that he had not voted in the two divisions taken at this meeting because of the agreement of 9th March last that he would not vote in the event of divisions being taken in order to balance the absence of Deputy Briscoe, but that, since the judgement of the Supreme Court had now been given, the circumstances that gave rise to the agreement no longer existed, and that he would be free to exercise his vote in any future divisions.

23. Adjournment.

The Committee adjourned at 12.55 a.m. until 4 p.m. today.