Seanad debates

Friday, 30 April 2004

10:30 am

Photo of Joe O'TooleJoe O'Toole (Independent)

I share the view that it is cynical to seem to move ahead with the issue. I know the Leader's view on it, but it is creating the wrong impression. I assume the Leader will confirm that in the event of the commission ruling against it, the Bill will be removed from the Order of Business. People have come to the conclusion that the Government knows it has nothing to worry about and can push ahead with the Bill. As I recall it, the Government was in consultation with the Opposition and other parties when the Bill we are about to discuss now had been sent to print. It appears that the Government is experiencing second term syndrome, when it is infused with arrogance. A former leader of the Government party said it is not the big jumps but the little fences that trip people up at the end of the day. Mistakes are being made all over the place.

I thank the Cathaoirleach for the response of his offices to the issue of due process. I discussed the issue with the Department of Justice, Equality and Law Reform. If we take the impeachment route, I will not comment on the case of the person involved, we must be aware that our actions must be amenable to the Constitution as well as international agreements and human rights. Will the Leader bring to the attention of Government the importance of considering the process of due process? The Constitution empowers us to be judge and jury and we have to accept that responsibility, but having done so, all the evidence that the Garda Síochána, the Director of Public Prosecutions and the Government has must be presented. We must ensure that the human rights of the person concerned are respected and that the person has the opportunity to express a view when the matter is being discussed. I am not sure whether personal appearances are allowed, but we must not rush in on the basis of a quick decision. One could end up with egg on one's face if one does not pay due regard to agreements. I ask that our actions be measured and responsible.

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