Jim O'Callaghan (Dublin Bay South, Fianna Fail) | Oireachtas source

I do not wish to repeat anything my colleague has said. I want to address an issue that is relevant to this issue as well as many other Private Members' Bills. If this Bill passes Second Stage in Dáil Éireann, it is not the case that it becomes law. It necessarily requires that the Bill goes on to Committee Stage, Report Stage and Final Stage, before being promulgated by the President. My concern, shared by colleagues in Fianna Fáil, is that if this matter proceeds to Committee Stage, the Government may seek to invoke Article 17.2 of the Constitution. As Members are aware, that provision provides that: "Dáil Éireann shall not pass any law ... for the appropriation of revenue or other public moneys unless the purpose of the appropriation shall have been recommended to Dáil Éireann by a message from the Government, signed by the Taoiseach." That provision has become known as a money message. It was an innovative proposal, inserted into the Constitution by Eamon de Valera, and intended to ensure that the Government would retain control of the purse strings. However, it would be fanciful and inappropriate for the Government to seek to rely upon Article 17.2 for the purpose of preventing this legislation proceeding to Committee Stage.

The concern Fianna Fáil has in respect of this matter arises because of what was said in the Seanad by the Minister of State at the Department of Foreign Affairs and Trade when this Bill was going through the Seanad. It was suggested that this legislation could impose significant and recurring damages on the State because it might involve fines from the European Union or the European Commission, or it may cost money because it creates new offences. The suggestion that a money message is required because fines may be imposed by the European Commission is inappropriate. Anyone who knows the workings of the European Commission will know that Ireland will be given a warning if it brings the matter before a court, and that after a court decision has been made, we will be given the necessary time to ensure that the law is compatible with European Union law. This is provided for under section 3 of the European Communities Act 1972. We could bring in this change readily without any fine being imposed upon us.

Another concern is that an individual or corporation could take a case against the State. However, that would only give rise to damages in circumstances where the State manifestly and gravely disregarded the limits on its discretion. I also believe that the suggestion that new offences are being created by this Bill which would create a charge on the Exchequer is inappropriate.

Simply because new offences are created does not mean the Garda will require more money for the purposes of investigating any new offences. The Government is perfectly entitled to oppose this legislation on substance, but it would be inappropriate for the Government to seek to misrepresent and misuse the Constitution for the purposes of blocking this legislation or stopping it from getting through the Houses of the Oireachtas.

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