Seanad debates

Wednesday, 26 February 2003

Local Government Bill 2003: Second Stage.

 

I recall equal status legislation where I believe Senator O'Toole took the view that a particular section might be unconstitutional. It was to do with the right of people with disabilities to equal treatment. The then President referred that Bill to the Supreme Court, and it was indeed found to be unconstitutional, but with regard to a section which had not attracted much attention. We must leave such matters to the courts. We proceed with legislation, and if it must then be tested, so be it. I doubt too if any individual will succeed in a case to declare the removal of the dual mandate unconstitutional. That again may be tested in the courts. There are precedents with regard to the European Parliament and Dáil Éireann dual mandate that suggest that a case taken on this ground would not be successful.

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