Dáil banking probe cannot blame former Ministers

Scofflaw

Pointing to the Abbeylara decision in 2002, and the failed Oireachtas Inquiries referendum, the government has drawn up the restrictions likely on any Dáil banking probe.

The main restriction is because Abbeylara, according to the government, restricts the Dáil from making findings of fact that might adversely affect the reputations of individual citizens, any such probe cannot attach blame to any individual former office-holder.

More here:

Legislation being drawn up will make it unlikely any banking probe will be able to scrutinise actions of former ministers or taoisigh, such as Brian Cowen, and their handling of the banking crisis and guarantee.

TDs and senators with the Oireachtas Public Accounts Committee (PAC) were given the special confidential briefing of the planned legislation, seen by the Irish Examiner, a week ago.

“We were told that no findings of facts could be made against previous office holders and only could be made relating to future legislation. There’s a lot of confusion over this as it would essentially mean any banking inquiry is a sham,” said one Government TD.

http://www.irishexaminer.com/ireland/bill-restricts-dail-banking-crisis-probe-222273.html

Having voted No in the Oireachtas Inquiries referendum, I'm expecting a chorus of "we told you so" from those who wanted a Yes - so a reminder in advance that the problem with that proposal was not the ability to make findings that could affect the reputation of individuals, but the fact that the Dáil was empowered to set its own terms in respect of how the rights of individuals before it were limited, without reference to the courts.

cordially,
Scofflaw

nesf

I think quite honestly that having politicians investigate former politicians when the effects of the actions of these politicians are still hot political issues can only end badly.

srsly78

nesf wrote: »

I think quite honestly that having politicians investigate former politicians when the effects of the actions of these politicians are still hot political issues can only end badly.

Unless you work in the field of law.

Mr.Micro

nesf wrote: »

I think quite honestly that having politicians investigate former politicians when the effects of the actions of these politicians are still hot political issues can only end badly.

Absolutely true. The politicians will certainly not find fault when they themselves could be in hot water down the line, and investigated for decisions that they made in office. It is clearly a major flaw in the political system that allows unaccountability or non censure of politicians in a democratic system and in theory puts them above the law in certain respects.

rumour

Mr.Micro wrote: »

It is clearly a major flaw in the political system that allows unaccountability or non censure of politicians in a democratic system and in theory puts them above the law in certain respects.

It's not a flaw its corrupt.