Committee Reports::Report No. 02 - Final Report into the Dublin and Monaghan Bombings::01 March, 2004::Appendix


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Committee Reports > List of Committees > Joint > 2004 > Committee on Justice, Equality, Defence and Women's Rights > Report No. 02 - Final Report into the Dublin and Monaghan Bombings

Appendix 1:

JOINT COMMITTEE ON JUSTICE, EQUALITY, DEFENCE AND WOMEN’S

RIGHTS.

ORDERS OF REFERENCE.

Dáil Éireann on 16 October 2002 ordered:

“(1)

(a) That a Select Committee, which shall be called the Select Committee on Justice,

Equality, Defence and Women’s Rights, consisting of 11 Members of Dáil Éireann (of

whom 4 shall constitute a quorum), be appointed to consider -

(i) such Bills the statute law in respect of which is dealt with by the Department

of Justice, Equality and Law Reform and the Department of Defence;

(ii) such Estimates for Public Services within the aegis of the Department of

Justice, Equality and Law Reform and the Department of Defence; and

(iii) such proposals contained in any motion, including any motion within the

meaning of Standing Order 157 concerning the approval by the Dáil of

international agreements involving a charge on public funds,

as shall be referred to it by Dáil Éireann from time to time.

(b) For the purpose of its consideration of Bills and proposals under paragraphs (1)(a)(i)

and (iii), the Select Committee shall have the powers defined in Standing Order 81(1),

(2) and (3).

Committee in accordance with Standing Order 90(1), the Minister for Justice,

Equality and Law Reform and the Minister for Defence (or a Minister or Minister of

State nominated in his or her stead) shall be entitled to vote.

(2) (a) The Select Committee shall be joined with a Select Committee to be appointed by

Seanad Éireann to form the Joint Committee on Justice, Equality, Defence and

Women’s Rights to consider-

(i) such public affairs administered by the Department of Justice, Equality and

Law Reform and the Department of Defence as it may select, including, in

respect of Government policy, bodies under the aegis of those Departments;

(ii) such matters of policy for which the Minister for Justice, Equality and Law

Reform and the Minister for Defence are officially responsible as it may

select;

(iii) such related policy issues as it may select concerning bodies which are

partly or wholly funded by the State or which are established or appointed

by Members of the Government or by the Oireachtas;

(iv) such Statutory Instruments made by the Minister for Justice, Equality and

Law Reform and the Minister for Defence and laid before both Houses of

the Oireachtas as it may select;

(v) such proposals for EU legislation and related policy issues as may be

referred to it from time to time, in accordance with Standing Order 81(4);

(vi) the strategy statement laid before each House of the Oireachtas by the

Minister for Justice, Equality and Law Reform and the Minister for Defence

pursuant to section 5(2) of the Public Service Management Act, 1997, and

the Joint Committee shall be authorised for the purposes of section 10 of

that Act;

(vii) such annual reports or annual reports and accounts, required by law and

laid before both Houses of the Oireachtas, of bodies specified in paragraphs

2(a)(i) and (iii), and the overall operational results, statements of strategy

and corporate plans of these bodies, as it may select;

Provided that the Joint Committee shall not, at any time, consider

any matter relating to such a body which is, which has been, or which is, at

that time, proposed to be considered by the Committee of Public Accounts

pursuant to the Orders of Reference of that Committee and/or the

Comptroller and Auditor General (Amendment) Act, 1993;

Provided further that the Joint Committee shall refrain from

inquiring into in public session, or publishing confidential information

regarding, any such matter if so requested either by the body concerned or

by the Minister for Justice, Equality and Law Reform or the Minister for

Defence;

(viii) such matters relating to women’s rights generally, as it may select, and in

this regard the Joint Committee shall be free to consider areas relating to

any Government Department; and

(ix) such other matters as may be jointly referred to it from time to time by both

Houses of the Oireachtas,

and shall report thereon to both Houses of the Oireachtas.

(b) The quorum of the Joint Committee shall be five, of whom at least one shall be a

Member of Dáil Éireann and one a Member of Seanad Éireann.

inclusive.

(3) The Chairman of the Joint Committee, who shall be a Member of Dáil Éireann, shall also be

Chairman of the Select Committee.”

Seanad Éireann on 17 October 2002 ordered:

“(1) (a) That a Select Committee consisting of 4 members of Seanad Éireann shall be

appointed to be joined with a Select Committee of Dáil Éireann to form the Joint

Committee on Justice, Equality, Defence and Women’s Rights to consider —

(i) such public affairs administered by the Department of Justice, Equality

and Law Reform and the Department of Defence as it may select,

including, in respect of Government policy, bodies under the aegis of

those Departments;

(ii) such matters of policy for which the Minister for Justice, Equality and

Law Reform and the Minister for Defence are officially responsible as it

may select;

(iii) such related policy issues as it may select concerning bodies which are

partly or wholly funded by the State or which are established or

appointed by Members of the Government or by the Oireachtas;

(iv) such Statutory Instruments made by the Minister for Justice, Equality

and Law Reform and the Minister for Defence and laid before both

Houses of the Oireachtas as it may select;

(v) such proposals for EU legislation and related policy issues as may be

referred to it from time to time, in accordance with Standing Order

65(4);

(vi) the strategy statement laid before each House of the Oireachtas by the

Minister for Justice, Equality and Law Reform and the Minister for

Defence pursuant to section 5(2) of the Public Service Management

Act, 1997, and the Joint Committee shall be so authorised for the

purposes of section 10 of that Act;

(vii) such annual reports or annual reports and accounts, required by law

and laid before both Houses of the Oireachtas, of bodies specified in

paragraphs 1(a)(i) and (iii), and the overall operational results,

statements of strategy and corporate plans of these bodies, as it may

select;

Provided that the Joint Committee shall not, at any time, consider

any matter relating to such a body which is, which has been, or which is, at

that time, proposed to be considered by the Committee of Public Accounts

pursuant to the Orders of Reference of that Committee and/or the

Comptroller and Auditor General (Amendment) Act, 1993;

Provided further that the Joint Committee shall refrain from

inquiring into in public session, or publishing confidential information

regarding, any such matter if so requested either by the body concerned

or by the Minister for Justice, Equality and Law Reform or the Minister

for Defence;

(viii) such matters relating to women’s rights generally, as it may select, and

in this regard the Joint Committee shall be free to consider areas

relating to any Government Department;

and

(ix) such other matters as may be jointly referred to it from time to time by

both Houses of the Oireachtas.

and shall report thereon to both Houses of the Oireachtas.

(b) The quorum of the Joint Committee shall be five, of whom at least one shall be a

member of Dáil Éireann and one a member of Seanad Éireann,

(9) inclusive,

(2) The Chairman of the Joint Committee shall be a member of Dáil Éireann.”

JOINT COMMITTEE ON JUSTICE, EQUALITY, DEFENCE AND WOMEN’S

RIGHTS.

POWERS OF THE JOINT COMMITTEE

The powers of the Joint Committee are set out in Standing Order 81(Dáil) and Standing

Order 65 (Seanad). The text of the Dáil Standing Order is set out below. The Seanad S.O.

is similar.

“81. Without prejudice to the generality of Standing Order 80, the Dáil may

confer any or all of the following powers on a Select Committee:

(1) power to take oral and written evidence and to print and publish

from time to time minutes of such evidence taken in public before

the Select Committee together with such related documents as the

Select Committee thinks fit;

(2) power to invite and accept written submissions from interested

persons or bodies;

(3) power to appoint sub-Committees and to refer to such sub-

Committees any matter comprehended by its orders of reference and

to delegate any of its powers to such sub-Committees, including

power to report directly to the Dáil;

(4) power to draft recommendations for legislative change and for new

legislation and to consider and report to the Dáil on such proposals

for EU legislation as may be referred to it from time to time by any

Committee established by the Dáil(whether acting jointly with the

Seanad or otherwise) to consider such proposals and upon which

has been conferred the power to refer such proposals to another

Select Committee;

(5) power to require that a member of the Government or Minister of

State shall attend before the Select Committee to discuss policy for

which he or she is officially responsible: provided that a member of

the Government or Minister of State may decline to attend for

stated reasons given in writing to the Select Committee, which may

report thereon to the Dáil: and provided further that a member of

the Government or Minister of State may request to attend a

meeting of the Select Committee to enable him or her to discuss

such policy;

(6) power to require that a member of the Government or Minister of

State shall attend before the Select Committee to discuss proposed

primary or secondary legislation (prior to such legislation being

published) for which he or she is officially responsible: provided that

a member of the Government or Minister of State may decline to

attend for stated reasons given in writing to the Select Committee,

which may report thereon to the Dáil: and provided further that a

member of the Government or Minister of State may request to

attend a meeting of the Select Committee to enable him or her to

discuss such proposed legislation;

(7) subject to any constraints otherwise prescribed by law, power to

require that principal office holders in bodies in the State which are

partly or wholly funded by the State or which are established or

appointed by members of the Government or by the Oireachtas shall

attend meetings of the Select Committee, as appropriate, to discuss

issues for which they are officially responsible: provided that such

an office holder may decline to attend for stated reasons given in

writing to the Select Committee, which may report thereon to the

Dáil;

(8) power to engage, subject to the consent of the Minister for Finance,

the services of persons with specialist or technical knowledge, to

assist it or any of its sub-Committees in considering particular

matters; and

(9) power to undertake travel, subject to

(a) such rules as may be determined by the sub-Committee on

Dáil Reform from time to time under Standing Order

97(3)(b);

(b) such recommendations as may be made by the Working

Group of Committee Chairmen under Standing Order

98(2)(a); and

accounting procedures.”

SCOPE AND CONTEXT OF COMMITTEE ACTIVITIES.

The scope and context of activities of Committees are set down in S.O. 80(2) [Dáil] and

S.O.64(2) [Seanad]. The text of the Dáil Standing Order is reproduced below. The Seanad

S.O. is similar.

“(2) It shall be an instruction to each Select Committee that-

(a) it may only consider such matters, engage in such activities, exercise such

powers and discharge such functions as are specifically authorised under its

orders of reference and under Standing Orders;

and

(b) such matters, activities, powers and functions shall be relevant to, and shall

arise only in the context of, the preparation of a report to the Dáil.”