Regina Doherty (Meath East, Fine Gael) | Oireachtas source

It is good to be still able to surprise a gentleman.

This amendment is designed to ensure the Act is commenced within six months. While I share the Deputies’ concern that the legislation has to be commenced as soon as is possible, it must also be understood that I cannot interfere with the functions of the President who has to sign a Bill into law or the Supreme Court. The President may, after consulting with the Council of State, refer a Bill to the Supreme Court. It would be unconstitutional if this Bill excluded the role of the President or the Supreme Court from the legislative process. For that reason alone, we are going to reject the amendment.

I appreciate that is not Deputy O’Dea’s aim, however. When he submitted a similar amendment on Committee Stage, I pointed out that section 1(2) contains the standard provision dealing with commencement which is normally used in all legislation passed by the Oireachtas. I also indicated that the amendment proposed by the Deputy does not appear to exist in any other single Bill, including all of the Private Members’ Bills sponsored by the Deputy's party. On the contrary, I found several examples of where Fianna Fáil Private Members’ Bills used the standard commencement provision which we are using in section 1(2). I genuinely see no good reason to move away from this well-established approach.

I indicated on Committee Stage that my priority with this Bill is to work with all sides of the House to deliver legislation which is fair, balanced and works in practice. I assure the Deputy that remains my position. I want to see the legislation enacted at the earliest opportunity. However, for the reasons I have outlined, I cannot accept the amendment.

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