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Seanad: Order of Business (4 Oct 2011)

Darragh O'Brien: The Government says that all the time. These are its decisions.

Seanad: Order of Business (4 Oct 2011)

Darragh O'Brien: The Government did give a commitment on social welfare.

Seanad: An Bille um an Tríochadú Leasú ar an mBunreacht (Fiosruithe Thithe an Oireachtais) 2011: Céim an Choiste agus na Céimeanna a bheidh Fágtha / Thirtieth Amendment of the Constitution (Houses of the Oireachtas Inquiries) Bill 2011: Committee and Remaining Stages (22 Sep 2011)

Darragh O'Brien: I would like to comment on the Schedule.

Seanad: An Bille um an Tríochadú Leasú ar an mBunreacht (Fiosruithe Thithe an Oireachtais) 2011: Céim an Choiste agus na Céimeanna a bheidh Fágtha / Thirtieth Amendment of the Constitution (Houses of the Oireachtas Inquiries) Bill 2011: Committee and Remaining Stages (22 Sep 2011)

Darragh O'Brien: Can the Minister respond?

Seanad: An Bille um an Tríochadú Leasú ar an mBunreacht (Fiosruithe Thithe an Oireachtais) 2011: Céim an Choiste agus na Céimeanna a bheidh Fágtha / Thirtieth Amendment of the Constitution (Houses of the Oireachtas Inquiries) Bill 2011: Committee and Remaining Stages (22 Sep 2011)

Darragh O'Brien: I refer to the schedule.

Seanad: An Bille um an Tríochadú Leasú ar an mBunreacht (Fiosruithe Thithe an Oireachtais) 2011: Céim an Choiste agus na Céimeanna a bheidh Fágtha / Thirtieth Amendment of the Constitution (Houses of the Oireachtas Inquiries) Bill 2011: Committee and Remaining Stages (22 Sep 2011)

Darragh O'Brien: That is fine.

Seanad: An Bille um an Tríochadú Leasú ar an mBunreacht (Fiosruithe Thithe an Oireachtais) 2011: Céim an Choiste agus na Céimeanna a bheidh Fágtha / Thirtieth Amendment of the Constitution (Houses of the Oireachtas Inquiries) Bill 2011: Committee and Remaining Stages (22 Sep 2011)

Darragh O'Brien: As the Cathaoirleach has observed, the House has spent two hours on this amendment and there has been a lot of grandstanding this afternoon. Senator Mullen is saying that no politician, no Member of the Houses of the Oireachtas, can make a difficult decision if it will prove to be unpopular. I remind him of those Members in the previous Government who had to pass budgets which they knew...

Seanad: An Bille um an Tríochadú Leasú ar an mBunreacht (Fiosruithe Thithe an Oireachtais) 2011: Céim an Choiste agus na Céimeanna a bheidh Fágtha / Thirtieth Amendment of the Constitution (Houses of the Oireachtas Inquiries) Bill 2011: Committee and Remaining Stages (22 Sep 2011)

Darragh O'Brien: I will not delay the amendment any further. However, Senator Mullen is incorrect in two points. He is trying to protect against people who were elected to this House making up their minds. I wish to ensure there is no bias in the process and there are ways to do this. I refer to the Standing Orders of this House and the other House relative to private business-----

Seanad: An Bille um an Tríochadú Leasú ar an mBunreacht (Fiosruithe Thithe an Oireachtais) 2011: Céim an Choiste agus na Céimeanna a bheidh Fágtha / Thirtieth Amendment of the Constitution (Houses of the Oireachtas Inquiries) Bill 2011: Committee and Remaining Stages (22 Sep 2011)

Darragh O'Brien: It means that people would absent themselves from a committee if something arose at the committee related to their constituency. Then I can understand how there might be a consideration made regarding public opinion. A member of the committee would then be obliged to state that the issue or incident related to his or her constituency or that a conflict of interest had arisen. I refer the...

Seanad: An Bille um an Tríochadú Leasú ar an mBunreacht (Fiosruithe Thithe an Oireachtais) 2011: Céim an Choiste agus na Céimeanna a bheidh Fágtha / Thirtieth Amendment of the Constitution (Houses of the Oireachtas Inquiries) Bill 2011: Committee and Remaining Stages (22 Sep 2011)

Darragh O'Brien: The Senator said that politicians were not capable of making unpopular decisions and that is not true.

Seanad: An Bille um an Tríochadú Leasú ar an mBunreacht (Fiosruithe Thithe an Oireachtais) 2011: Céim an Choiste agus na Céimeanna a bheidh Fágtha / Thirtieth Amendment of the Constitution (Houses of the Oireachtas Inquiries) Bill 2011: Committee and Remaining Stages (22 Sep 2011)

Darragh O'Brien: The Senator would be hard pushed to find one.

Seanad: An Bille um an Tríochadú Leasú ar an mBunreacht (Fiosruithe Thithe an Oireachtais) 2011: An Dara Céim / Thirtieth Amendment of the Constitution (Houses of the Oireachtas Inquiries) Bill 2011: Second Stage (22 Sep 2011)

Darragh O'Brien: That answers my point, that was my concern.

Seanad: An Bille um an Tríochadú Leasú ar an mBunreacht (Fiosruithe Thithe an Oireachtais) 2011: Céim an Choiste agus na Céimeanna a bheidh Fágtha / Thirtieth Amendment of the Constitution (Houses of the Oireachtas Inquiries) Bill 2011: Committee and Remaining Stages (22 Sep 2011)

Darragh O'Brien: I want to get back to a couple of issues. The Minister spoke about serving as a Minister or as a member of the Executive and I raised a question-----

Seanad: An Bille um an Tríochadú Leasú ar an mBunreacht (Fiosruithe Thithe an Oireachtais) 2011: Céim an Choiste agus na Céimeanna a bheidh Fágtha / Thirtieth Amendment of the Constitution (Houses of the Oireachtas Inquiries) Bill 2011: Committee and Remaining Stages (22 Sep 2011)

Darragh O'Brien: Yes, we are on a specific amendment, but on Second Stage I mentioned that there were some issues I wished to come back to on Committee Stage. I also have a comment to make on the amendment.

Seanad: An Bille um an Tríochadú Leasú ar an mBunreacht (Fiosruithe Thithe an Oireachtais) 2011: Céim an Choiste agus na Céimeanna a bheidh Fágtha / Thirtieth Amendment of the Constitution (Houses of the Oireachtas Inquiries) Bill 2011: Committee and Remaining Stages (22 Sep 2011)

Darragh O'Brien: The Minister's response to Senator Mullen may indicate the Senator got under the Minister's skin a little. To be fair, people have considered this legislation. I have no doubt that Senator Mullen's amendment tries to safeguard what many of us here are trying to safeguard, namely, to ensure that this legislation is as good as it can be before it goes to the public for a referendum. That...

Seanad: An Bille um an Tríochadú Leasú ar an mBunreacht (Fiosruithe Thithe an Oireachtais) 2011: An Dara Céim / Thirtieth Amendment of the Constitution (Houses of the Oireachtas Inquiries) Bill 2011: Second Stage (22 Sep 2011)

Darragh O'Brien: Yes, we must do so. Will any measures be introduced whereby a member of the committee who is acting in an overtly political or biased manner, or who has a conflict of interest, can be sanctioned by the committee, its chairman or a committee on members' interests? If the courts have ruled on an issue, is it open to the committee-----

Seanad: An Bille um an Tríochadú Leasú ar an mBunreacht (Fiosruithe Thithe an Oireachtais) 2011: An Dara Céim / Thirtieth Amendment of the Constitution (Houses of the Oireachtas Inquiries) Bill 2011: Second Stage (22 Sep 2011)

Darragh O'Brien: Any sort of ruling. Most people in the north east of the country would be aware of a medical case that has gone to court but there is still great interest in the House about how it is being dealt with. If an issue has already been ruled upon in the courts, is the committee open to calling those people or bodies before the committee to begin an investigation all over again, even though there...

Seanad: An Bille um an Tríochadú Leasú ar an mBunreacht (Fiosruithe Thithe an Oireachtais) 2011: An Dara Céim / Thirtieth Amendment of the Constitution (Houses of the Oireachtas Inquiries) Bill 2011: Second Stage (22 Sep 2011)

Darragh O'Brien: I agree but I am referring to instances such as someone being wrongly jailed. There are many bodies and individuals who need to be brought in and their good names must be at risk but there are others who, if it happens in the next couple of years, might have their names blackened and then it could be found that the committee has acted improperly. The committee will be open to legal...

Seanad: An Bille um an Tríochadú Leasú ar an mBunreacht (Fiosruithe Thithe an Oireachtais) 2011: An Dara Céim / Thirtieth Amendment of the Constitution (Houses of the Oireachtas Inquiries) Bill 2011: Second Stage (22 Sep 2011)

Darragh O'Brien: I will be brave; the Minister's head is on the block.

Seanad: An Bille um an Tríochadú Leasú ar an mBunreacht (Fiosruithe Thithe an Oireachtais) 2011: An Dara Céim / Thirtieth Amendment of the Constitution (Houses of the Oireachtas Inquiries) Bill 2011: Second Stage (22 Sep 2011)

Darragh O'Brien: This was a commitment in the programme for Government but was it necessary to introduce the Bill so quickly? The Minister said he would revise the Bill in the next couple of weeks but the referendum is set for 27 October. Any Bill the Minister's produces will be another that must be guillotined.

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