Finding which affects a person’s good name

If the proposed amendment is approved, an inquiry conducted by either or both Houses of the Oireachtas would have the power to make a finding that a person had, for example, behaved in a corrupt manner or been responsible for the unlawful killing of another person. The only limitation on the findings that may be made are that they must concern the matter to which the inquiry relates.

Such a finding would, however, be different from any decisions made by a court of law about a person’s conduct. A decision that a person has committed a crime and is to be imprisoned and/or fined can be made only by a court. A decision by an Oireachtas inquiry that a person had, for example, unlawfully killed another person could not, on that determination alone, result in that person being imprisoned and/or fined. The Houses of the Oireachtas would not have the power to apply a criminal sanction to the person concerned. Similarly, a decision that a person is responsible for a civil wrong, for example, that the person defamed another, and should pay compensation, can also be made only by a court. An Oireachtas inquiry could not make an award of damages, nevertheless, such a finding could clearly affect that person’s good name, a right which is specifically protected by the Constitution.

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