Joanna Tuffy (Labour)

The Labour Party amendments raise a similar point to that raised by Senator Brian Hayes. Amendment No. 2 proposes that the commission's terms of reference be approved by a resolution of both Houses of the Oireachtas. Amendment No. 3 proposes that the terms of reference may be amended by a resolution of both Houses of the Oireachtas. Our amendments have the same objective as that outlined by Senator Hayes.

According to the Bill, the Government need only make a draft order establishing a commission and this cannot be amended. The order is then approved by both Houses of the Oireachtas. This leaves the fixing of the terms of reference entirely up to the Government. Our amendment would require the Dáil and Seanad to pass a motion specifying the terms of reference. This would leave the matter open to amendment by and suggestions from the Opposition rather than have the Government simply put down the proposal on a take it or leave it basis.

The commission will be an independent body. If we want the commission to work it must have the backing and authority of both Houses of the Oireachtas, not just of the Government.