THE handling by State officers of Brendan Smyth type paedophilia case could not be investigated in future by a Dail Committee because of limitations on matters on which office holders such as the Attorney General and the Director of Public Prosecutions could be questioned, TDs complained yesterday.
Criticism of the restricted scope for such questioning was voiced at a meeting of the Finance and General Affairs Committee of the Dail, which debated the Compellability, Privileges and Immunities of Witnesses Bill.
The Minister of State for Finance, Ms Avril Doyle, said the blanket exemption of the DPP from the Bill's provision was being removed. It was probably understandable that the Director had been reluctant, in the past, to appear before Dail committees because of a fear that he might be questioned about individual cases.
Mr Michael McDowell (PD) said the Director seemed to misconceive his office. He had consistently confused independence with non accountability. No brie wanted him to be accountable in respect of individual case decisions. But he apparently felt that public policy issues were ones on which the legislature and the public had no right to any accountability by him.
Dismissing the Government's amendment, providing for limited compellability, Mr McDowell said it was a little sprat which effectively cemented in place an immunity for these two office holders.
Ms Doyle said both these figures would appear in a limited sense before the Public Accounts Committee.
The Government amendment was passed by five votes to four.
Mr McDowell said it was shocking the way the media constantly undermined the authority of the courts.
Ms Doyle cautioned that they must be conscious of the way things could be interpreted by the media and in terms of "the whole culture out there". They might be accused of making martyrs. However, she would agree with the principle of what Mr McDowell wanted to achieve and she would have the matter examined.