Brian Lenihan Jnr (Dublin West, Fianna Fail)

I thank Senators for their co-operation and assistance in dealing with this legislation which was initiated in this House. Senator Terry mentioned the delay in introducing this measure. Mr. Justice Flood resigned last summer and there is no doubt that an unprecedented situation was created by his resignation. It was necessary for the Government to obtain detailed legal advice on this measure. The Bill once enacted must be a very robust vehicle. In all probability, Judge Mahon, the current chairman of the tribunal, will deal with the matter, but I do not want to pre-empt anything that happens in tribunals — one must be so careful. Whoever decides to deal with the matter, however, will have to make determinations under the terms of the legislation. Of course, his determination can be subject to judicial challenge also. It is well established that the tribunals are subject to the operation of judicial review and this has frequently occurred.

In preparing this legislation, the Government was very conscious that a robust vehicle had to be designed. The fact that the Attorney General came back to us, even after the measure had been given detailed consideration in this House, with further suggestions for improvement in the robust character of the vehicle, brings home the reason for the delay. Although there has been some delay, this House completed its work on the legislation late last year, while the Lower House has now completed its consideration of the matter. Considering the amount of parliamentary time available in Dáil Éireann, the delay does not represent an exceptionally long period for the enactment of legislation. Contrast was made with certain other measures but everybody was well aware of the position relating to electronic voting. Indeed, Senator Terry is well aware of the position since she ran in the last general election in a constituency where electronic voting was in operation.