Brian Lenihan Jnr (Dublin West, Fianna Fail)

The commission will have a role in testing legislation, which is one of the reasons I am not accepting this particular amendment. Under section 8(b) of the Human Rights Commission Act 2000, the Minister can request the Human Rights Commission to examine any legislative proposal and to report its views on any human rights implications it might have. That provision has already been used by the Minister in regard to several Bills.

Senator Norris referred to a vehicle testing centre for legislation, but that role is, of course, performed by the Attorney General. The Attorney General advises the Government on these matters and has had a long practice of doing so due to the existence of a written constitution. While there is a provision in the equivalent United Kingdom legislation that is similar to the proposed amendment, a very different constitutional structure exists in that jurisdiction and the British Attorney General does not advise on compatibility with basic law. Our Attorney General advises on compatibility with the basic law and also with our obligations under the European convention. That procedure and advice are already available to the Government. The Attorney General, as guardian of the public interest, must protect the Constitution and vindicate constitutional rights. That comes into play in any analysis of draft legislation.