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Seanad: Defence (Amendment) Bill 2011: Committee Stage (7 Jul 2011)

Rónán Mullen: I am just making the point in passing. Section 7 highlights the constitutional frailty of the position as it stands. Even though Deputy Shatter is perfectly competent to serve in the roles of Minister for Defence and Minister for Justice and Equality, the two positions should probably not - for all the obvious reasons relating to a democracy - have been combined. Just as there is a...

Seanad: Defence (Amendment) Bill 2011: Committee Stage (7 Jul 2011)

Rónán Mullen: I am not accusing him of that.

Seanad: Defence (Amendment) Bill 2011: Committee Stage (7 Jul 2011)

Rónán Mullen: I believe the Senator did not hear me. My amendment would leave it very wide.

Seanad: Order of Business (7 Jul 2011)

Rónán Mullen: Seanadóir Mullen anseo anois, mar is eol duit, a Chathaoirligh. If I were bringing an ex parte application before the High Court seeking an injunction without the other side being present, I would be expected to act according to the principle of uberrima fides, namely, the principle of utmost good faith. That means I would put all material facts before the court in the absence of the other...

Seanad: Order of Business (7 Jul 2011)

Rónán Mullen: Yes, I have a very serious question about this. If one were dealing with some type of international measure of transparency and corruption in politics, one issue that would be relevant would be any situation where the executive or government withholds material information from the legislature. That is essentially what happened yesterday. We were not given information-----

Seanad: Order of Business (7 Jul 2011)

Rónán Mullen: -----that would cast a particular light-----

Seanad: Order of Business (7 Jul 2011)

Rónán Mullen: No, excuse me, Senator Keane.

Seanad: Order of Business (7 Jul 2011)

Rónán Mullen: I will ask my question but it is interesting that Senator Keane rose to her feet. I was going to compliment her on making the point that we are here to scrutinise legislation.

Seanad: Order of Business (7 Jul 2011)

Rónán Mullen: How can we scrutinise legislation when we are not presented with relevant material facts in the background to that legislation? We are not-----

Seanad: Order of Business (7 Jul 2011)

Rónán Mullen: -----supposed to be private investigators but scrutineers of legislation. I told the Minister yesterday that either he has good reason to be annoyed with the Defence Forces and his officials for not apprising him of the full story behind that legislation-----

Seanad: Order of Business (7 Jul 2011)

Rónán Mullen: -----or we have good reason to be annoyed with him for not apprising us. I am asking the Leader what I asked the Minister yesterday-----

Seanad: Order of Business (7 Jul 2011)

Rónán Mullen: -----which is to consider postponing the further passage of this legislation until Members of this House, and the wider public, have had the opportunity-----

Seanad: Order of Business (7 Jul 2011)

Rónán Mullen: -----to consider the full context for that defence Bill.

Seanad: Order of Business (7 Jul 2011)

Rónán Mullen: I did not make them lightly.

Seanad: Order of Business (7 Jul 2011)

Rónán Mullen: It is a serious matter of probity.

Seanad: Order of Business (7 Jul 2011)

Rónán Mullen: Perish the thought.

Seanad: Order of Business (7 Jul 2011)

Rónán Mullen: We could have improvised.

Seanad: Defence (Amendment) Bill 2011: Second Stage (6 Jul 2011)

Rónán Mullen: It is arriving.

Seanad: Defence (Amendment) Bill 2011: Second Stage (6 Jul 2011)

Rónán Mullen: On a point of order, it would be good if word went back to officials. I realise people are very busy but this is happening with increased regularity. As the Minister can imagine, we are in a much better position to scrutinise legislation if we have a chance to follow his speech, although he is, of course, very clear.

Seanad: Defence (Amendment) Bill 2011: Second Stage (6 Jul 2011)

Rónán Mullen: That is understood.

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