Brian Lenihan Jnr (Dublin West, Fianna Fail)

While I accept that, I am not convinced of the need for amendment No. 18. The Bill provides that, before a court decides whether to make a declaration of incompatibility under section 5, the Attorney General and the Human Rights Commission must be given notice of the proceedings in accordance with the rules of court that will have to be made following the enactment of this legislation. Upon enactment, the rules of court, statutory instruments adopted under the courts of justice legislation, will require to have a provision regulating the curial side of this legislation.

The Attorney General will have a right to appear at and become a party to the proceedings. As the Senator pointed out, when a declaration is made, certain obligations are placed on the Taoiseach under section 5(3) of the Bill regarding the laying of copies of the declaration before both Houses of the Oireachtas within 21 days. The inclusion of a provision along the lines of this amendment would descend into a level of detail not required in the Bill. However, I will ensure the Senator's view on this matter is brought to the attention of the rules committee in order that an appropriate provision can be made in the rules of court, if it is deemed necessary to do so.