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Seanad: European Stability Mechanism Bill 2012: Committee and Remaining Stages (27 Jun 2012)

David Norris: This is the provision about which I feel strongest, as it is the most undemocratic element of the Bill. I am glad it has been included, as it brings into the local arena all of the conceptual arrangements that are made and, curiously enough, immunised in the main article. I received a message from the Cathaoirleach to the effect that my amendments were ruled out of order because agreements...

Seanad: European Stability Mechanism Bill 2012: Committee and Remaining Stages (27 Jun 2012)

David Norris: Is that when they play golf?

Seanad: European Stability Mechanism Bill 2012: Committee and Remaining Stages (27 Jun 2012)

David Norris: I would be exactly wrong.

Seanad: European Stability Mechanism Bill 2012: Committee and Remaining Stages (27 Jun 2012)

David Norris: I thank the Minister of State for a most interesting and informative statement. It gets worse by the minute. I may be out on a limb, perhaps with my colleagues from Sinn Féin, but I have a couple of points to make. There has been a comparison with diplomatic immunity etc., and terrorists were brought into the debate. I do not know how al-Qaeda was brought into it. No legal instrument...

Seanad: European Stability Mechanism Bill 2012: Committee and Remaining Stages (27 Jun 2012)

David Norris: The Minister of State raised the United Nations and I pointed out how useful an example it was.

Seanad: European Stability Mechanism Bill 2012: Committee and Remaining Stages (27 Jun 2012)

David Norris: They should be taxed where they work.

Seanad: European Stability Mechanism Bill 2012: Committee and Remaining Stages (27 Jun 2012)

David Norris: It should not be a choice, they should be taxed where they work. They are using our services, we are collecting their bins.

Seanad: European Stability Mechanism Bill 2012: Committee and Remaining Stages (27 Jun 2012)

David Norris: That should be changed too.

Seanad: European Stability Mechanism Bill 2012: Committee and Remaining Stages (27 Jun 2012)

David Norris: That is an accusation that is unsustainable and I respectfully ask the Senator to withdraw it, particularly in light of the comments of the distinguished judge in the case, who was grateful to the appellant in the case, Deputy Pearse Doherty, for opening up an important constitutional point.

Seanad: European Stability Mechanism Bill 2012: Committee and Remaining Stages (27 Jun 2012)

David Norris: Rubbish.

Seanad: European Stability Mechanism Bill 2012: Committee and Remaining Stages (27 Jun 2012)

David Norris: If it illuminates the Constitution, why should it not be taken?

Seanad: European Stability Mechanism Bill 2012: Committee and Remaining Stages (27 Jun 2012)

David Norris: I hope I will have an opportunity to say something.

Seanad: European Stability Mechanism Bill 2012: Committee and Remaining Stages (27 Jun 2012)

David Norris: We are elected, or some of us are.

Seanad: European Stability Mechanism Bill 2012: Committee and Remaining Stages (27 Jun 2012)

David Norris: The Minister of State is being helpful. When he states there is nothing radical or no new departure, I acknowledge his point. However, he has implied we should follow defective models instead of correcting the mistakes that have been made clear in the models for other international organisations. Senator Thomas Byrne has stated there is immunity in the Oireachtas. It is partial immunity....

Seanad: European Stability Mechanism Bill 2012: Committee and Remaining Stages (27 Jun 2012)

David Norris: How does one know what the purpose is? One is now into the question of mens rea-----

Seanad: European Stability Mechanism Bill 2012: Committee and Remaining Stages (27 Jun 2012)

David Norris: It is an extraordinary intrusion. The example Senator Michael D'Arcy gave was one that affected his own argument disastrously.

Seanad: European Stability Mechanism Bill 2012: Committee and Remaining Stages (27 Jun 2012)

David Norris: In the case taken by Deputy Pearse Doherty the judge found he had actually done the State a service. Senator Michael D'Arcy should note I am one who has risked taking a constitutional action.

Seanad: European Stability Mechanism Bill 2012: Committee and Remaining Stages (27 Jun 2012)

David Norris: Yes, but there is a very important principle, on which I intend to finish.

Seanad: European Stability Mechanism Bill 2012: Committee and Remaining Stages (27 Jun 2012)

David Norris: This is a very important point. The judge will decide whether the matter is of constitutional significance. If it is not, there will be no discharge of fees-----

Seanad: European Stability Mechanism Bill 2012: Committee and Remaining Stages (27 Jun 2012)

David Norris: It is very dangerous when a Government party states it is not enough that we have immunity in the Oireachtas and that we are now not allowed to use the courts. The Senator wants to abrogate the Constitution.

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