Michael D Higgins (Galway West, Labour)

I wish to add one further point which I believe is important. My difficulty with the Bill when I spoke on Second Stage was in regard to the suggestion that it is simply addressed to dealing with the status quo. We have waited a long time for legislation and it represents a monumental amount of work to actually deal with the status quo. However, if we are to have a review in five years' time or otherwise, it would be irresponsible of me not to say that the former thrust of legislation in this area, comparatively and internationally, as well as practice on the ground, is towards the recognition of a rights approach.

One could argue that 1993 was the high point, given the first appointment of a United Nations Commissioner for Human Rights. One could also argue that the last decade, the last five years in particular, has seen a retreat from the rights perspective internationally, so the amendment would be a very good thing. The most progressive NGOs are expressing their interest and wish to operate on a rights basis.

A further international development is the merging of civil and political rights with economic, social and cultural rights. This is part of the forward movement of progressive movements of landholders and peasants in other parts of the world. It would have been better in many cases to have the inclusion of a simple, straightforward recognition. This would mean that the legislation is not out of date and is in the forward spirit of the forward movement of thinking on this issue.

It will happen anyway — it will have to happen. However, the point is that we should not have a needless legalistic argument with regard to rights having to justify themselves in regard to community welfare, which will immediately encounter the old argument that used to apply with regard to pensions and welfare as to whether the issue was residual, structural or otherwise. We have been through all of that nearly 100 years ago in arguing about the British welfare state. Exactly the same argument will now arise in this regard. It is also included in regard to the question of benefit to the community and so on. Why would one have to plan for the rights perspective to come in the back door when there is the whole structure of forward thinking in this area?

One can do everything one likes for the status quo. I want to recognise the achievement in terms of drafting in this highly technical area. However, acceptance of the amendment will save time in the future in terms of amending the legislation and review. The Minister of State should consider how the accommodation of five or six words will represent so much possibility for people who are interested in the area.

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