Charles Flanagan (Laois, Fine Gael) | Oireachtas source

Deputy O'Callaghan referred to the Minister for Justice and Equality having observer or commentator status in the current situation, but let me assure him otherwise. I am conscious of my obligations in this regard and intend acting at the earliest opportunity, and will do so, on outstanding appointments. We are all agreed that we should progress this reforming legislation to the Upper House. Before doing so, however, it is important that we acknowledge the constitutional issues.

As to Deputy Clare Daly's comments, this is not a matter of undoing the good work of, or unravelling the improved state of affairs after, Committee Stage. Rather, it is an attempt to deal with very serious constitutional concerns regarding the manner in which the ultimate appointments are made, not only in respect of Article 35 and the power that rests within Government, but also the associated issue of the manner in which the Government does its business with reference to the confidentiality of Cabinet affairs. I want this House to be conscious of these two concerns prior to deciding the amendments.

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