Seanad debates

Thursday, 27 May 2004

Child Trafficking and Pornography (Amendment) Bill 2004: Committee and Remaining Stages.

 

11:00 am

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)

Yes. Clearly, the section applies to the Dáil, Seanad and a committee within the meaning of the Committees of the Houses of the Oireachtas (Compellability, Privileges and Immunities of Witnesses) (Amendment) legislation.

On Senator Walsh's point, subsection (b) states "for the purposes of, or in connection with, the performance of any function conferred by the Constitution or by law on those Houses or conferred by a resolution of either of those Houses or resolutions of both of them on such a committee." The exemption is connected to the functions conferred by the Constitution or by law on the Houses. Senators should remember that in the case of a Circuit Court judge, as I stated in my reply on Second Stage, this is a function conferred on us by law and not by the Constitution. The law is in the same terms as the Constitution but this is a provision of the courts of justice legislation.

On the operations of a committee — Senator Brian Hayes anticipated this point — we do not know what the committee will do. It will have to decide how it proceeds.

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