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SELECT COMMITTEE ON ENTERPRISE AND ECONOMIC STRATEGYProceedings of the CommitteeWednesday 20 October, 1993.1.The fourth meeting of the Committee to consider the Glackin Report took place in private at 4pm in the Room G2, Kildare House. 2.The following Members were present:- Deputies Toddy O’Sullivan (in the Chair), Tommy Broughan, Mary Coughlan, Michael Creed, Sean Doherty, Brian Fitzgerald, Sean Haughey, Seamus Hughes, Tony Killeen, Liam Lawlor, Padraic McCormack, Robert Molloy, Michael Noonan(Limerick East) and Sean Ryan. The following substitutes were present in accordance with paragraph 9 of the Order of Reference of 7 April 1993:- Willie Penrose (for Joe Costello), Michael Finucane (for Richard Bruton), Dessie O’Malley (for Martin Cullen), P.J. Morley (for Chris Flood) 3. DRAFT INTERIM REPORT The Chairman brought forward a draft Interim Report, which was read as follows:- .......................................................... (i)Paragraphs 1 to 3, inclusive, agreed to. (ii) Paragraph 4 Paragraph read as follows:- “4.The scope of a Committee’s deliberations is defined by the Order of Reference and must be confined within the limits so imposed. The four new legislative Select Committees were expressly not given the power to send for persons, papers and records, which power would allow for witnesses to be examined in public and minutes of evidence to be published subsequently. In addition Members understand that the scope of the draft legislation on privilege and compellability which is on the Government’s legislative programme for this session will not encompass the new committees.” Amendment proposed (Deputies Noonan, Lawlor and Fitzgerald) To delete all words after “session” and substitute the following :- “initially will only encompass those committees which already have the power to call for persons, papers and records. In the light of this development and the fact that any issues it might wish to pursue will be outside its remit, the Committee recommends that early consideration be given to extending the powers of this Committee to bring it within the ambit of the draft legislation.” Amendment agreed to. Paragraph, as amended, agreed to. (iii) Paragraphs 5 to 14, inclusive, agreed to. (iv) Paragraph 15 Paragraph read as follows:- “15.There is also precedent for Ministers and indeed European Commissioners attending committee meetings in private where there was no power to call for persons. Ministers would have the protection of absolute privilege as defined in the 1976 Act by virtue of their Dail membership. Section 2(1) of the Act [see Appendix 5] states inter alia - ‘A member of either House of the Oireachtas shall not, in respect of any utterance in or before a committee be amenable to any court ....’ However, the Committee feels that examination of Ministers would not be the appropriate way to proceed to investigate a matter of public concern which has been referred to it by the Dail.” Amendment proposed (Deputies O’Malley and Noonan) After “examination of Ministers” to insert “only”. Amendment agreed to. Paragraph, as amended, agreed to. (v) Paragraphs 16 to 18, inclusive, agreed to. (vi)Appendices 1 to 6, agreed to. (vii)Draft Interim Report, as amended, agreed to. Ordered: To report accordingly. .............................................................. 5. ADJOURNMENT The committee adjourned at 4.15pm Toddy O’Sullivan, T.D. Chairman. October, 1993. |
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