Brian Lenihan Jnr (Dublin West, Fianna Fail)

Senator Mansergh was put forward by a large number of cumainn, rather than taken backwards, in the recent past. Senator Phelan mentioned the looseness of the proposed amendment. That is not desirable in legislation. Senators are aware of the constitutional provisions affecting qualification for membership of Seanad Éireann and the amount of legislation that had to be provided, whether by way of judicial referee or final determination, to ensure that a person put forward for a particular vocational panel should be qualified for Seanad membership. When a provision such as this is inserted in legislation, one increases the danger that an appointment can be invalidated through non-compliance with the provision in some unexpected way. From the point of view of legal certainty, there is an argument for a simple, bald provision providing for an appointment. That makes it difficult to legally question its validity.

I have addressed the wider argument and do not wish to repeat it. However, it is important to note that there are five clear determined appointments. The Senator should not be under the impression that, in relation to the balance of the appointments, the Minister is at large. The Minister must make the appointments under the scheme of the legislation, which deals with financial regulation, and they must command the confidence of the sectors involved. He will be accountable for that to the Houses of the Oireachtas.

Amendment put and declared lost.

Section 13 agreed to.

Sections 14 to 25, inclusive, agreed to.

SECTION 26.