Charles Flanagan (Laois, Fine Gael) | Oireachtas source

I move amendment No. 12:

In page 10, line 28, to delete “may,” and substitute “shall, as soon as practicable after the coming into operation of this section and”.

I refer to the contributions on Committee Stage of Deputies Clare Daly and Mick Wallace who withdrew a number of amendments concerning codes of practice in order to allow for further reflection on my part. I wish to record my appreciation to them for doing so. In return, I have come back with amendments Nos. 12, 14 and 16, which I believe address concerns raised in relation to section 9(1). This subsection provides:

The Minister may, having had regard to the matters specified in subsection (2)—(a) prepare and publish a code of practice to set standards for the conduct of mediations, or

(b) approve a code of practice prepared by a person other than the Minister which purports to set standards for the conduct of mediations.

With amendment No. 12, which has been tabled by Deputy Daly, the subsection would now provide that the Minister shall, as soon as practicable after the commencement of the section, publish or approve a code or, indeed, codes of practice. On Committee Stage, we also had a discussion on whether there should be only one code of practice or if it was possible to have a number of codes of practice. Making provision for more than one code would facilitate dedicated codes for specialised areas such as consulting with children or the growing area of more senior or elder mediation. I note that a number of specialised codes have been developed on the international stage. It is important to point out that, unlike general codes of practice for mediators, these codes tend to contain more detailed provisions concerning the specialised areas at hand.

I have tabled amendments Nos. 14 and 16, which were also proposed by Deputy Clare Daly. These provide for the possibility of there being more than one code of practice for mediators. Amendment No. 17, in the name of Deputy Wallace, seeks to achieve the same end. I hope Deputy Wallace will be in a position to withdraw his amendments, bearing in mind the amendments tabled by Deputy Daly and me which seem to fit the Bill in any event.

Amendment No. 18 was intended as a drafting amendment but, having regard to the others, it now appears unnecessary. I will not be pressing amendment No. 18.

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