The High Court today heard an application to lift the stay imposed on the Joint Oireachtas sub-committee inquiry into cost overruns in a CIÉ signalling system.
The stay was imposed last Wednesday by Justice Kelly following the submission of an affidavit by the wife of the former CIÉ chief executive, Mr Michael McDonnell who died on April 9th this year stating she and her family have a direct interest in protecting the good name and reputation of her late husband.
Mrs Noreen McDonnell, Terenure Road West, Dublin 6, said she was concerned that the manner in which the inquiry is being conducted could effect the good name and reputation of her husband, herself and her family.
Speaking before Mr Justice Ó Caoimh today Mr Cooney SC, counsel for Mrs McDonnell, said the manner in which the sub-committee had conducted its business throughout the hearings has been "highly unsatisfactory".
"Bodies of the Oireachtas should conduct it’s procedures so as not to infringe the rights of a single citizen," he said.
Mr Cooney argued if the stay was lifted the sub-committee would continue its hearings in the same manner as before which Justice Kelly said was in breach of Mrs McDonnell’s constitutional rights.
Mr McEnroy SC, counsel for the sub-committee, argued it was in the public interest that the sub-committee complete its inquiry.
He said "if sub-committee doesn’t complete it’s work before the dissolution of the Oireachtas there is a good chance some members of the sub-committee won’t be re-elected and the inquiry won’t be able to continue."
Mr McEnroy said the inquiry had a maximum of four days left of evidence gathering and trying to change the questioning procedure ad interimgives rise to unsatisfactory conclusions.
Mr McEnroy said he had been "instructed to tell the court that no publication of any report about the sub-committee’s conclusions would take place prior to notification of the high court and all interested parties."
Mr Cooney called this a panacea designed to divert attention. He said this wouldn’t undo the damage done if the sub-committee is allowed to continue in the previous way.
Justice Ó Caoimh asked the two counsels to explore the exact proposals of the remaining witnesses to determine their evidence and therefore maybe Mr Cooney would have no objections to the inquiry continuing.
The case continues tomorrow.
