Stephen Donnelly (Wicklow, Fianna Fail) | Oireachtas source

I thank both Deputies for their comments. On Deputy Smith's remarks on the amendment, the powers are contained in the Act. The 2019 Act essentially states the procedures, powers and running of the High Court are transferred to the tribunal. That is how this power is brought across. It is already in the Act. I do not believe it would be wise to complicate the Act, which has been legally and constitutionally proofed, by inserting in the Bill duplications of its powers. If the Deputy is asking me again whether I am satisfied the powers are available to the tribunal, my answer is that I am. I tabled the same amendments myself so I am very sympathetic to them. The powers already exist.

Deputy Cullinane asked a fair question. On the first aspect, the answer is "Yes”. The purpose of this very short Bill is to extend the time period. On the question as to whether that excludes the possibility of making changes, we have already discussed the potential for expanding eligibility, for example. Maybe that could be done through regulation or maybe it requires legislation, but if it requires legislation and we can agree on the parameters in that regard, we can legislate.

If, in the running of the tribunal, problems occur that require legislative change, of course we will all be able to meet and make that change. If the question is whether there is an intention to change the parameters now according to some of the issues that have been raised, all I can do is repeat — I hope colleagues will take this in good faith — that the Department and Government, as with the previous Government, have pushed these issues as far as they can go without making the tribunal unconstitutional or simply having the laboratory say it is just going to the High Court. We really did push it as far as we believed it was possible to push it. Therefore, I do not believe there is anywhere else to push. If, as the tribunal occurs and the cases are heard, the judge or women involved raise questions in respect of which it appears there are changes we should make to the operation of the tribunal, we should keep the matter under review and have the conversation. If we all need to come back with amending legislation, we should keep an open mind on it.

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