Oireachtas Joint and Select Committees

Wednesday, 6 February 2019

Joint Oireachtas Committee on Justice, Defence and Equality

International Protection (Family Reunification) (Amendment) Bill 2017: Discussion

Photo of Jack ChambersJack Chambers (Dublin West, Fianna Fail) | Oireachtas source

I will be brief. Comprehensive presentations were given by Senators Kelleher and Black and the witnesses, whose expertise is welcome. I support this legislation. Deputy Clare Daly might have wanted it to go further, but any mechanism to narrow discretion and provide impetus and hope for people is important.

Money messages are being used to prevent many Bills from proceeding. Someone needs to take a stand, possibly by seeking legal advice and challenging the decision-making process in the Bills Office and the interpretation of Article 17. The interpretation of incidental administrative costs is ridiculous and extends beyond Standing Orders and the Constitution. It is outrageous.

Last week, I agreed with the Chairman's decision to allow an amendment to be introduced that was agreeable, would not have incurred significant levels of expense and was important for the Disability (Miscellaneous Provisions) Bill 2016. If external legal advice was sought and formalised to take a challenge, we could have this issue addressed. In the past, Governments could block legislation by using their majority, whereas the current minority Government is using Standing Orders to block legislation.

I have concerns about the changes to the pre-legislative scrutiny phase. I am not speaking specifically to the Bill, but this issue relates to its progression. We have created another layer of pre-legislative scrutiny and address. Despite members agreeing with the Bill, its sponsors will face the roadblock that many other Bills have faced. Under the new mechanism, Bills collapse if the Government does not agree to a money message within a short period. As such, this Bill will vanish from the legislative programme despite advancing to this stage.

The new business changes that the Business Committee agreed will mean this Bill will be removed from the Order Paper, which would it be reintroduced. Is that the position?

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