Michael McDowell (Dublin South East, Progressive Democrats)

I will not comment on that last point but I am grateful to Senator Leyden for reminding us about it. I was reading a 1923 edition of An Cosantóir, the Defences Forces journal, of which I came into possession. It was a very interesting volume which came out every week in those days. There is an election news section and it recorded the fact that the Commander in Chief of the forces had just secured election with over 20,000 votes. That indicates that our views of separation of powers were quite different in those days than they are now. Of course, that was before the Curragh mutiny and it was a different era. It was interesting that membership of these Houses was open to many people and double jobbing was the practice. We are very sensitive about the dual mandate now yet it was not considered inconsistent then to be Commander in Chief of the Defences Forces and a Member of the Oireachtas. I suppose in an emerging democracy that was considered appropriate in the short term.

I do not know why the section does not read "is a Member of either House" rather than "is entitled under the standing orders of either House of the Oireachtas to sit in that House". Clearly, nobody is entitled to sit in Seanad Éireann under Standing Orders unless he or she has been elected or nominated to it. I will examine whether it can be simplified to refer to a Member of the Houses of the Oireachtas or someone who has been elected to the Houses. It may be that is a standard form which the Parliamentary Counsel has used to include people who have just been elected. I do not know precisely how that would read. We will look at it but "is a member of a local authority" is very clear and I do not understand why we cannot have such clear language in regard to the Oireachtas. I will consider the matter between now and Report Stage.

On the question of former membership of the Garda Síochána, as far as I am concerned that is a red line issue. I want the public to know that this commission is wholly separate.