Thomas Pringle (Donegal, Independent) | Oireachtas source

I move amendment No. 1:

In page 6, to delete lines 3 to 6.

The amendment proposes to delete the reference to the European Council framework decision because it is precise in reference to the framework decision and section 2 could create an unconstitutional level of uncertainty in the legislation. That is the concern. The legislation needs to be direct and wholesale so that it can be interpreted properly. By having those lines in there, it makes it more difficult to understand and will lead to difficulties in the implementation of the legislation, which is going to be vitally important. While it is good to have it, the test of this legislation will be in the processing and the prosecution of it. Any uncertainty needs to be removed. I have some other amendments that will strengthen some of the definitions and so on, which is vitally important as well. Basically, the understanding of hatred around which the Bill pivots on the definitions of "protected characteristics". I believe this is a flaw that must be addressed. It can be remedied by removing the references to the frame of decision and then all the terms defined by the reference to the framework decision are also defined in the Bill so we can recommend that the former be omitted as well.

The same applies in amendment No. 8. It refers to the framework decision as well and its interpretation. Those lines need to be removed to keep this Bill clear.