Brian Hayes (Fine Gael)

Will the Leader bring some clarity to the issue of electronic voting? While we had a good debate on the issue yesterday, unfortunately, the Minister of State did not have enough time to answer all the detailed questions put to him. On the fundamental question of whether primary legislation is required to introduce this system for the elections on 11 June, the Minister of State believed that the Minister had power under section 48 of the 2001 legislation to make an order to introduce electronic voting. Given the recent High Court judgments on the Carrickmines case and the Immigration Act, primary legislation is now required because the courts have ruled that all power is vested in the Oireachtas and not in a Minister who can arbitrarily make orders or statutory instruments based on primary legislation.

This fundamental point must be resolved quickly by the Government to assure voters in the European and local elections. The courts have now placed a serious question mark over the constitutionality of amending primary legislation by secondary legislation. This issue must be resolved quickly because it not only affects this legislation, but many other Acts. In the Dáil last week, the Tánaiste stated that it was her view that primary legislation was required for this Bill. However, the Minister of State, who has responsibility for this area, said yesterday it was not necessary and that it could be done by ministerial order. The Government must sing off the same hymn sheet on this issue to bring about a positive decision on it.

I ask the leader for a debate on sentencing policy. Recently on the national airwaves, I heard of the horrendous case of a father who received 19 sentences of 12 years each for domestic violence and abuse against his family. However, after perpetrating these most appalling crimes against his wife and children, the person will be out of prison after only eight years because the sentences were received on a concurrent basis. Senator O'Toole has raised the need for a debate on sentencing policy in the past. The debate should not just be on the length of time people spend in prison, but also on the issue of concurrent sentencing. This House is the perfect venue for such a debate.