Committee to examine Oireachtas powers of investigation

A CROSS-PARTY committee is to examine whether the Constitution should be changed to give TDs and senators greater powers of investigation.

The Joint Oireachtas Committee on the Constitution announced yesterday that it would undertake a major review of the parliamentary power of inquiry.

The ability of the Oireachtas to make findings of wrongdoing against individuals has been frequently questioned since a Supreme Court judgment in 2002.

The judgment effectively stated it was unconstitutional for an Oireachtas committee to make a finding of fact which could damage the reputation of a person who was not a member of the Dáil or Seanad.

The case had arisen after gardaí challenged the right of an Oireachtas committee to investigate the fatal shooting of John Carthy by officers in Abbeylara in 2000.

The judgment meant the committee had to discontinue its investigation of the issue.

Since then, there have been numerous demands for the Constitution to be changed to allow Oireachtas committees greater powers of inquiry.

The committee will now examine whether such a change is required.

It will hold public hearings in Leinster House with expert witnesses, members of the academic community and other interested parties. It will also invite submissions from the public on the issue.

The committee’s vice-chairman, Fine Gael TD Jim O’Keeffe, said the review would allow a comprehensive examination of the powers of the Oireachtas to “undertake in-depth investigations into matters regarding public policy-making, administrative affairs and cases of maladministration”.

“The Abbeylara Supreme Court decision suggests there are, at the moment, significant limitations on the power of Oireachtas committees to hold such investigations,” he said.

Among the questions that will be examined are:

* Should the scope of parliamentary investigations be restricted in any way.

* Should such investigations go beyond policy matters and reach into areas involving individual conduct.

* Should Oireachtas committees have the power to investigate the activities of private individuals or should this power be limited to the activities of public. n If so, should committees have the power, for example, to characterise professional misconduct, extravagance, or abuse of office as such.