Vote ‘would give politicians judges’ powers’

A SENIOR counsel has raised significant concerns over the “sweeping and draconian powers” which will be afforded to politicians if the public votes yes in next week’s referendum on Oireachtas inquiries.

Oisin Quinn has questioned the impartiality of politicians to whom such powers may soon be given.

Yesterday he briefed a meeting of the Association of Higher Civil and Public Servants on what a yes vote will mean. The association’s members are typically the civil servants who must attend and give evidence at the Oireachtas hearings.

Mr Quinn said there was no doubt there was a necessity for a “limited power of Oireachtas inquiry” designed to address failings in public administration and oversight.

However, he said a yes vote would allow the Oireachtas to conduct inquiries into any matter “of general public importance”, to investigate the conduct of any person and to make findings in relation to the conduct of that person.

“There can therefore be no doubt that passage of this referendum will pass to the Oireachtas sweeping and draconian powers which will enable politicians to conduct and control inquiries into individuals and make the most serious findings of fact against those persons.”

He said “there is public anger at the failure of the institutions of the state to deal with the banking and property crisis and the subsequent failure to bring those persons responsible to account”.

However, he said the passing of the referendum will not address the cost of independent tribunals of inquiry, the duration of the inquiry or the “continuing failure to prosecute certain solicitors and bankers arising out of the property and banking crisis”.

He said a yes vote would give Oireachtas investigators the power to enter “at any reasonable time any premises” where they have “reasonable grounds to believe there are any documents, or there is any information in any form relating to any matter within the terms of the reference for the inquiry”.

He said politicians are not expected to be judges nor to be trained in either the process of elucidating evidence, questioning witnesses or reaching independent and fair-minded judgments. He said independent judges were in place to carry out that role.

“The public needs politicians who can speak their mind, who will take up important public issues and who will fight for changes. Sitting in judgment over their fellow citizens is not why, I suggest, most politicians seek office. Nonetheless, it is a power they will have thrust upon them should this referendum be passed.”