Brian Hayes (Fine Gael)

On the Minister's response to amendment No. 43 and the issue raised yesterday in the drafting section, whether it is before the commencement day is not the issue. The issue is a direct reference to the Air Navigation and Transport (Amendment) Act 1998. A clear mistake has been made. With respect to the Minister, he has explained away the drafting mistake in terms of whether it is before the day or after the day but that is not the point.

This is not a major issue but it is clear that if there is a reference to the role of the chief executives of each of these companies, it needs to be correct. One of the few tasks we have in this House is to ensure that where legislation is passed, it is not flawed. The advice given to our party on the matter was clear; there is a drafting error. Yesterday the Minister said that having consulted his own legal advisers in the Department of Transport and the Attorney General's office, he was satisfied there is not a problem. However, it is clear that the reference is incorrect and I do not see why the Minister has a difficulty in amending it now. The difficulty probably relates to the fact that it would have to go back to the other House for approval and the Bill would not be passed until such time as the other House would ratify the amendment. We have a duty to ensure that when we pass Bills they are accurate. The Minister's explanation is not on the ball. It does not refer to the substance of Senator Browne's amendment. There is a role for the Parliamentary Counsel in this legislation. The House cannot pass Bills that are defective, even if the defect is relatively insignificant.