It is refreshing to find a prominent citizen speaking out in defence of the constitutional principles that underpin our democracy. The former ombudsman, Kevin Murphy, performed a valuable service yesterday when he challenged the outrageous behaviour of the Government-controlled Oireachtas Committee on Health and Children which ignored the terms of the Constitution in order to protect the political career of the former minister for health, Micheál Martin.
Democracy is a fragile thing. If its checks and balances are ignored by the parties in power, it is diminished. There has been an unfortunate tendency in recent decades for ministers to refuse to take responsibility for their actions or political failures. "Never resign" became the byword of ruthless, ambitious men. And they sneered at the idea of an honourable resignation from office. If that attitude prevails within Oireachtas committees, one of whose functions is to hold the Executive to account, then Irish politics will suffer further damage.
Mr Murphy said he was appalled that, after 80 years of parliamentary democracy, the committee could say there was "an urgent need to clarify the responsibilities of ministers and the extent to which they can reasonably be held accountable for the actions of the departments and agencies under their charge", when it reported on the illegal deduction of money from old age pensioners in State care. The former ombudsman was absolutely clear. Under the Constitution, corporate failures were the responsibility of the government, or the relevant minister. The illegal practice complained of was so widespread, the Tánaiste, Mary Harney, had described it as "systemic abuse". Blame could not be confined to public servants.
Mr Martin's denials of executive responsibility and his apparent ignorance of what was happening at health board level, in spite of published reports by the Ombudsman and others, exasperated the Opposition parties. But their efforts to draw attention to his political responsibilities were excluded from the Oireachtas committee report. Its chairman, John Moloney of Fianna Fáil, maintained the Opposition were only interested in seeking the resignation of Mr Martin. Failure by the committee to include the dissenting voices of its members marks a low point in Irish politics. It was hoped such committees would reinforce the influence of parliament and help to balance the overwhelming power of the Executive. That cannot happen if they are used as party-political instruments.
The former ombudsman made his comments at a function to launch the think-tank TASC's Democratic Audit Ireland research project. We all have a duty to protect democracy. It was hard won. And vigilance is essential. The Oireachtas committee ducked its duty by pretending there was a lack of clarity concerning ministerial responsibility. Earlier, the Taoiseach, Bertie Ahern, also declined to take action after Mr Martin refused to resign. It amounts to a general failure of nerve within Government.