Dáil debates

Wednesday, 22 February 2006

12:00 pm

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)

It is not agreed.

We have been consistent in our opposition to Bills being guillotined. A number of serious matters are relevant to this Bill. It behoves everybody to support the rule of law and to support Government initiatives to deal with breaches of the law. However, a number of serious matters are raised on the constitutionality of this proposal. Different legal opinions have been available to both the Minister through the Attorney General on behalf of the Government, and to the committee from its independent legal sources. These matters should be teased out fully.

It is inexplicable why, within the small but important fishing industry, allegations of scandalous breaches of the law to a huge extent have been ongoing for a number of years without the knowledge of the Government or the Ministers involved. It is a small world in that context and it seems inexplicable that such breaches could be going on to that extent without the knowledge of people in Government. While the Bill cannot deal with those persons retrospectively, we need a full and thorough explanation of the questions raised regarding the constitutionality of what is proposed. We also need an explanation as to why the Government has not been able to prosecute and deal with those who have breached the law to date, as this legislation cannot be made retrospective. On that basis, and on the basis of a proposed guillotine, I am opposed to taking the Bill in its entirety today.

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