Public and firms can seek bank probe input

Members of the public and private firms including banks will be allowed ask that certain Oireachtas members be barred from sitting on the banking inquiry because they may be biased.

The Irish Examiner has obtained draft guidelines for the setting up of new Oireachtas inquiries which also allow committees to seek new laws or extend the remit of a probe down the line.

TDs were told this week by Oireachtas officials that the cost of the banking inquiry is likely to be a minimum of €3.6m for any investigation which would last until the end of the lifetime of the current Dáil.

TDs have been told that any inquiry is unlikely to begin until the summer or autumn because of the time needed to set up the probe.

Standing orders for the new parliamentary inquiries will be debated and laid before the Dáil next week. An inquiry into the period leading up to and including the Sept 2008 banking guarantee will be the first probe, the Coalition says.

The speculation is that the finance, public accounts, or a new committee will lead the probe.

Draft orders include a number of changes on how inquiry chairmen are appointed as well as details on how witnesses can be compelled to attend hearings.

The task of assembling or deciding on an inquiry, agreeing on the suitability of members and outlining the terms of reference will be given the Dáil’s committee on procedure and privileges (CPP).

But guidelines circulated to a select number of TDs reveal key changes around how TDs or senators may have a “perception of bias” and therefore be excluded from sitting on a inquiry. Bias may arise because of a member’s “connection or dealings” with the issue or a “member’s utterances on the matter”, the orders say.

However, while a member can voluntarily step down, third parties can also ask for their removal or exclusion.

Oireachtas sources confirmed last night this meant that members of the public, banks and even lawyers will be allowed object to certain Oireachtas members sitting on an inquiry.

The proposal

Details of draft standing orders to set up inquiry:What must an Oireachtas committee include in its proposal to head up the banking inquiry?

* The dates of periods during which events occurred as well as the location or area, the activities and the circumstances that arose, and the alleged practices that were in operation.

* Persons to whom the events or circumstances relate.

* The reasons the matters ought to be subject to an inquiry rather than being examined through other forms of investigation.

* The reason that committee should be the one chosen.

* Changes to a committee’s rules which may be needed.

* A schedule of the probe including if it is in one single period or in phases.

* Any changes to the law needed for the probe.

* A draft terms of reference to lead the inquiry.

* Any proposals on whether it proposes to make findings of fact —including “those that may impugn the good name of a person” or in “relation to relevant misbehaviour”.