Jim O'Keeffe (Cork South West, Fine Gael)

In this instance, however, those divisions will not surface. I expect the legislation has the support not just of the other side of the Cabinet but of the Progressive Democrats side of the Cabinet. The development of this Bill reinforces the case for the parliamentary process and dealing with legislation in a way where there is a genuine and constructive effort on the part of the Legislature to improve the legislation, discuss it and put down amendments on all Stages. Above all, it reinforces the case for not using guillotines on serious legislative measures. The consequence of a guillotine can mean that the beneficial effects of the legislative process are stymied.

It is clear from the Minister's comments that the Seanad has further improved the Bill following Committee and Report Stages in the Dáil. That rebuts the case of those who suggest the Seanad is a useless body. Clearly it has given thorough consideration to the Bill and the amendments made there have improved the Bill. Some of them are technical. They are approved by the parliamentary counsel and I accept his view. A number of them were proposed by Fine Gael on different Stages in both Houses and were accepted by the Government so obviously I support them.

The only issue of substance that is affected is that of minimum mandatory sentences. I have long held the view that if the House is to legislate for minimum mandatory sentences, those sentences should be both the minimum and mandatory. The history of that issue, however, has been that due to the deference to judicial discretion, minimum mandatory sentences have effectively been neither minimum nor mandatory because of the exceptional circumstances clause. That is the reason I put down an amendment to ensure that whatever about a first offence, on a second offence the minimum mandatory sentence should be exactly that.

A number of the Seanad amendments arise from the acceptance of Fine Gael's approach and its incorporation in the Bill. Obviously I accept the amendments that the parliamentary counsel deems necessary as a consequence of that change. I support the amendments made in the Seanad.

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