Committee has no power to compel witnesses to attend

THE Dail Committee on Procedure and Privileges which is to hold an inquiry into payments to politicians by the former managing…

THE Dail Committee on Procedure and Privileges which is to hold an inquiry into payments to politicians by the former managing director of Dunnes Stores, Mr Ben Dunne, has no powers to compel witnesses to attend.

The committee usually holds its meetings in primate However, in this instance it is likely to establish a sub committee which will grant access to the media. The inquiry's precise terms of reference will be decided by the committee.

Political sources said it was likely that members of the Dunne family would be requested to come before the inquiry.

The committee will be chaired by the Ceann Comhairle, Mr Sean "Treacy, but it is thought unlikely he will chair the sub committee as it would be holding its inquiry in public. The names of politicians taken from the Price Waterhouse report are to be passed to Mr Treacy by Judge Gerard Buchanan.

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Sitting TDs are covered by the privilege laws when addressing the committee, but this is not the case for former TDs, public servants or members of the public.

A Government Bill, the Privilege and Compellability Bill, which would give such inquiries increased power, has been "signed off" by the Cabinet. It should be passed into law during the next sitting of the Oireachtas, according to a Government source.

The Dail Committee on Procedure and Privileges sits when called to do so by the Ceann Comhairle. It arbitrates on complaints against TDs, as well as considering matters of procedure and amendments to the standing orders of the Dail.

"There are complaints all the time about Dail members giving their envelopes to charities and to councillors and we arbitrate on matters like that," said one committee member.

There is a separate Seanad committee to consider such issues concerning the Seanad.

The members of the Dail committee are: Mr Dermot Ahern, Mr Peter Barry, Mr Michael Bell, Mr Eric Byrne, Mr Ivor Callely Mr Ger Connolly, Mr Noel Dempsey, Mr Michael Ferris, Mr Brian Fitzgerald, Ms Mary Flaherty, Mr Charles Flanagan, Mr Jim Higgins, Mr Tony Killeen, Mr Tom Moffat, Ms Liz O'Donnell and Mr Brendan Smith.

The collapse of the Reynolds coalition was investigated by a sub committee of the Select Committee on Legislation and Security.

In that instance, those who came before the inquiry chose not to be legally represented. Because of the nature of the inquiry, it was not open to the sub committee to make findings.

Colm Keena

Colm Keena

Colm Keena is an Irish Times journalist. He was previously legal-affairs correspondent and public-affairs correspondent