A majority decision by members of the Supreme Court effectively to strike down the right of Oireachtas Committees to conduct sworn inquiries into matters of public controversy, and to make findings that might damage the good name and reputation of citizens, is a significant development.
The absence of such powers at this time, however, does not mean they cannot be acquired by way of legislation or by constitutional amendment, as Ms Justice Susan Denham made clear in her judgement. The Government must address the issue as a matter of urgency.
The 5/2 decision upheld a recent High Court ruling that the Oireachtas sub-committee on Justice, Equality and Women's Affairs had exceeded its powers by embarking on an inquiry into the shooting dead of Mr John Carthy of Abbeylara, Co Longford, two years ago. In that case, the Garda Commissioner had concluded in his official report that the death could not have been avoided and the Committee sought to inquire into this and other matters. Thirty-six members of the Garda objected to the inquiry on the basis that it could damage their good names and their careers. They won their case and the inquiry has been abandoned.
Responding to the judgement, the Minister for Justice, Mr O'Donoghue, said that while the Oireachtas inquiry could not be pursued, he was committed to ensuring the fatal shooting of Mr Carthy would be fully and independently examined. A public judicial inquiry, under the Tribunal of Inquiries Acts, will therefore be established into the Abbeylara case. That decision is to be welcomed. It is to be hoped the Dáil will sanction such a development before the general election is called.
There has been much talk of a democratic deficit in our society in recent years. At a time when considerable efforts are being made to introduce greater transparency into public life and to make the judiciary, the Executive and State agencies more accountable, the innovative action in granting parliamentary committees the power to conduct investigations was generally welcomed. The benefits were immediately evident in the speed and cost of the DIRT inquiry, which examined the role of financial institutions, government agencies, ministers and senior public servants in facilitating the gross evasion of taxes by wealthy citizens. By contrast, the expense and the lengthy process involving a number of judicial tribunals drew public criticism.
Recent reforms have sought to give greater power to TDs and to rebalance relations between the Dáil and the Executive through granting committees investigative authority. They contain elements of the powers enjoyed by Senate hearings in the United States. The Supreme Court ruling has challenged the validity of that experiment in what was described by the Government Chief Whip, Mr Brennan, as a major setback. It is now up to this Government and its successor to reinstate what was a positive development through legislation or by way of a Constitutional amendment.