Brian Lenihan Jnr (Dublin West, Fianna Fail)

I understand the thinking behind this amendment, but it provides for something which is not practicable. We are dealing with declarations of invalidity of legislation enacted by the Oireachtas, or previous legislation continued in force under Article 50 of the Constitution from the pre-1937 era. Senator Norris encountered such an item of legislation. In his passionate intervention, the Senator confirmed my thesis that the reason we should not accept this amendment is because it relates to matters of passion and political debate and concern. Once the report is made to the Oireachtas, it is for these Houses to address the difficulties that arise, in accordance with the conventions and procedures that apply here. Including an obligation that the Government shall submit proposals to address the incompatibility does not add anything to the legislation.

Question Time is available in the Dáil and motions can be raised on the Adjournment in this House. There are procedures available in the Seanad under which the Government can be tested in regard to the incompatibility.