Oireachtas Joint and Select Committees
Thursday, 1 December 2016
Select Committee on Justice and Equality
Business of Committee
9:00 am
Jack Chambers (Dublin West, Fianna Fail) | Oireachtas source
We are not a committee of any Department. However, when a Department and a Minister present legislation to us, it is important that we have up-to-date information and are informed, as per the tripartite separation of powers, one of which is the courts, provided for in our Constitution. A determination has been made by the Supreme Court which is extremely relevant to the central tenet of what the Minister of State proposes today.
Regarding Deputy Brophy's point, the Tánaiste and Minister for Justice and Equality spoke yesterday morning about a two-way process and pulled out of her hat Article 17.2 of our Constitution, which was not notified to the committee beforehand. It is important that be noted in the context of Deputy Brophy's statement about the so-called political move by my colleague. That is unfair. This is a very important determination by the Supreme Court, not by anybody else, and that is the important context.
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