Seanad debates

Wednesday, 3 November 2004

Ombudsman (Defence Forces) Bill 2002: Report and Final Stages.

 

11:00 am

Kathleen O'Meara (Labour)

While I thank the Minister for his reply, I do not agree with him. He said the amendments represented a radical departure from what the Government and representative associations had agreed the legislation would contain. I thought this was a House of the Oireachtas and that there was a debate taking place on the floor of this Chamber which constituted an exchange of views and an open-minded approach to the possibility of amending legislation. Why does it matter if the amendments are a radical departure? During my years in the House, I have seen radical departures in legislation which arose from amendments. I accept that it is the Minister's prerogative to amend legislation but I do not accept that he should reject an amendment simply because it is not in keeping with what certain groups want or what has been agreed with them.

Ultimately, this is a House of the Oireachtas whose Members are charged with formulating and enacting legislation. While we are here to reflect the voices of those who are not Members, we are not necessarily here to do their bidding. As Members of the Oireachtas, it is our duty and privilege to enact legislation as we see fit. I am sorry the Minister takes the view he does. While the amendments constitute a new policy framework, the issue at their heart is very important. I would not have pursued them on Report Stage had Senator Maurice Hayes not taken the view he did on Committee Stage. Given his breadth of experience and wisdom, for which he was appointed by the Taoiseach, many Members take the view that when he speaks, we should listen. I have tabled these amendments to ensure that the legislation will be as effective as possible in keeping with my role as a Member of the House. I do not accept the Minister's reply and I will not withdraw the amendment.

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