Government ‘should limit its role in probes’

GOVERNMENTS should have a limited role in setting the terms of reference of investigation commissions, according to the State’s human rights watchdog.

Members of commissions which are replacing the costly and lengthy public tribunals of inquiry should be appointed by an independent panel, the Human Rights Commission (HRC) said.

The HRC said it welcomed the Government's proposed system of commissions of investigation, but only if they did not compromise the human rights of people concerned.

The HRC yesterday published its analysis of the proposed Commission of Investigations Bill 2003.

"We support the objective of this bill in providing more timely and accessible means of investigating certain matters. However, expediency should not lead to any compromise or dilution of the rights of person who may appear before such a commission of investigation," said HRC president Dr Maurice Manning.

The HRC said these commissions had to retain the protections for individuals guaranteed under existing law.

"Nothing in the present bill should have the effect of undermining those individual rights as set out in Irish and international human rights law," the report said.

It said commissions should not be used as an additional means of investigating persons who have been or might be subject to other legal or investigatory proceedings.

Dr Manning called on Justice Minister Michael McDowell to give due consideration to safeguards they proposed:

Consultation with the HRC and others to ensure commissions are only used to examine appropriate matters.

Commissions should not be used to investigate serious human rights abuses.

Persons appointed to commissions must have the required expertise and independence.

For the full analysis, see www.ihrc.ie.