Leo Varadkar (Dublin West, Fine Gael) | Oireachtas source

There is, for example, the failure to consult the European Central Bank, which is required under Article 127 of the Treaty on the Functioning of the European Union, and policy risks have been outlined by previous speakers. There is a possibility that the legislation could increase the cost of funds, thus making fewer mortgages available, particularly to people who want to buy for the first time. It may actually increase rates for others. There is a possibility that, even if the legislation is not passed, it might deter new banks and potential competition from coming into the market, as they would be uncertain as to what the Legislature might do. Anybody developing a business plan — most Members have probably produced one at some stage — would probably, even today, write this Bill down as a risk, resulting in uncertainty about whether they would enter the market and offer a more attractive mortgage rate than is currently being offered. That is exactly why this is the kind of Bill that should be subject to pre-legislative scrutiny. That is what is envisaged in the programme for Government and in the Dáil reforms that have been agreed tentatively by the various parties across this House. It is through pre-legislative scrutiny that we can actually tease out these issues. Once the office is set up, we can get the advice of the Parliamentary Legal Adviser on questions of contract law constitutionality and so on.

Since I have been a Member of this House, there has been a lot of talk about the new politics, but the talk is over now because of the circumstances in which we find ourselves and the result of the election. Whether we like it or not, we will all have to accept and embrace a new form of politics, simply because the Government is now a minority in this House and the Opposition combined holds the majority. For a new politics to work and for a minority Government to work, no matter who leads it, a different type of Government will be required. It will also require a different type of Opposition. It requires a Government that will respect the Dáil and not treat it as a rubber stamp, control it and bypass it but, rather, engage with it. It also requires an Opposition that respects the Dáil. That means not putting forward legislation to gain publicity or to highlight an issue because the Opposition no longer has the protection of knowing that a Bill might be referred to committee and buried there. There is a serious risk that, in this new Dáil, bad Bills could actually become bad laws, with negative consequences for citizens. That is something we should guard against. That is why it is very important that any Private Members' Bill be subject to legal advice and legislative scrutiny before it comes to the House. Bills should be fit for Second Stage and Committee Stage before they are brought to plenary session in this House. That is an important change that needs to happen in the next few weeks.

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