Regina Doherty (Meath East, Fine Gael) | Oireachtas source

I am going to disagree with all the Deputies, although I agree with their sentiments. The reason this legislation is before the House is because we all want the same thing. I take on board Deputy Penrose's words to the effect that changes made today may well enhance the legislation. The legislation is very important to all of us, and there will be absolutely no delay in its being brought forward, but the only reason I oppose this amendment is that it questions the constitutionality of the process we have, which existed long before we were here and will be here long after we are gone.

The Bill contains the standard provision dealing with commencement that is normally used in legislation. That commencement formulation is used in every single piece of legislation. I went so far as to check some of the Private Members' Bills brought forward by Deputy O'Dea, and he has used exactly the same commencement order in all of them. That was done, I imagine, for the correct reason, being that it cannot rule out the constitutional process that includes the President, the Council of State and the referral of the Bill to the Supreme Court. Hopefully that will not happen in this case, but that is what the Constitution allows for, and I do not believe we can put an amendment in the Bill that contravenes what is allowed for in the Constitution.

I will put it on the record, and give the members my absolute guarantee, and a guarantee on behalf of my staff, that there will be no delay in commencing this Bill. If we clear up these amendments today we will have Report Stage next week, and then the matter will go to the Seanad. I want this Bill to pass before the summer, and there is no reason the President cannot sign it into law the day after it is sent to him.