Plans for commissions to replace tribunals

New legislation allowing for Commissions of Investigations to be established instead of tribunals has been published by the Minister…

New legislation allowing for Commissions of Investigations to be established instead of tribunals has been published by the Minister for Justice, Mr McDowell.

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In certain instances, a commission may be followed by a Tribunal where it is unable to establish clear facts.
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The Minister for Justice, Mr McDowell, speaking today.

The Commissions will have the power to enter and search premises and to seize documents if necessary. It will also be an offence to obstruct the work of a commission or to fail to comply with its directions.

Mr McDowell said the Commissions of Investigation Bill 2003 would not replace or alter in any way the work of existing Tribunals of Inquiry.

He said the commissions would instead provide a new and more cost-effective method of investigation.

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"In certain instances, a commission may be followed by a Tribunal where it is unable to establish clear facts," he added.

The commissions will encourage voluntary co-operation by witnesses but - unlike existing tribunals - much of the evidence will be taken in private.

The Government hopes this will create a less adversarial atmosphere as well as reduce legal representation and cost.

The Bill includes a number of provisions aimed at limiting the extent of costs. Commissions will be required to deal with the issue of costs at the outset, when setting the terms of reference. Time limits for completion of the investigation must also be established at the outset.

Mr McDowell said: "That although the proposal had its origins in the need to provide a means for investigation into the child sex abuse scandals in the Catholic Church, the Bill provides a general framework for the operation of commissions, regardless of the subject matter under investigation."

It aims also to introduce measures that will help in addressing issues of time and cost that have arisen in relation to Tribunals, he said.

Eoin Burke-Kennedy

Eoin Burke-Kennedy

Eoin Burke-Kennedy is Economics Correspondent of The Irish Times