Alan Shatter (Dublin South, Fine Gael) | Oireachtas source

There are what I describe as due process provisions expressly contained in the legislation. For example, in relation to dealing with soft information, the person being vetted must be informed about what information is available and be given the opportunity, through the processes prescribed in the legislation, to address it if he or she believes it to be untrue or inaccurate in some way.

This amendment is unnecessary for a number of reasons. The operation of any legislation has to be compliant with the Constitution in its entirety, not just in respect of two specified Articles. It is, therefore, not appropriate or necessary to suggest that a Bill should be compliant solely with the Articles named by the Deputy in his amendment. Equally, the operation of legislation must be compliant with the European Convention on Human Rights. In any event, I consider that the wording of subsection (f) of this Section pays due regard to the principles of the Constitution and the European Convention on Human Rights. This states that the bureau shall have regard to "whether the rights of the person have been considered and taken account of in a manner that is consistent with fairness and natural justice".

In effect, this Bill, like all others, is subservient to the express provisions in our Constitution and the court judgments interpreting their application. It would be most unusual, in that context, to publish legislation that recites within it that it must meet a certain requirement of a particular Article in the Constitution because there is a particular vision within the Constitution which requires that legislation accord with it when it is enacted through the Houses. One of the reasons we have provisions for an Article 26 reference to the Supreme Court is that, where a Bill has gone through both the Seanad and the Dáil and the President has a doubt about its constitutionality, it can then be tested under that reference.

We have a double-lock mechanism with regard to legislation. In the first instance, we have the obligation on Government to publish legislation that is not at variance with or in violation of our Constitution. Ultimately, if there is an issue as to the constitutionality of legislation, the President can make a reference, having consulted with the Council of State. If all of that fails and there is a constitutional impropriety, it is open to any citizen to bring a constitutional case if they deem it appropriate or if they feel that rights are being violated. The particular Articles named by the Deputy could be relevant and applicable, if that was the case. Indeed, if there was an issue relating to the European Convention on Human Rights, again, under legislation enacted some years ago, the courts have an entitlement, domestically, to proof legislation against that convention. Finally, citizens have a right to go to the European Court of Justice. There is a whole range of protections in this area.