Seanad debates

Wednesday, 29 June 2005

Interpretation Bill 2000: Committee Stage.

 

4:00 am

Photo of Brian HayesBrian Hayes (Fine Gael)

Senator Ryan has raised an important issue. Frequently the Committee and Report Stages debates tease out and reflect many provisions, which will be enacted. When they are ultimately interpreted in a court case and an attempt is made by the Judiciary to fully interpret what the Houses meant when an Act was passed, either side of the argument in the case can use passages from the debates in either House to bolster its case. Will the Minister of State confirm this happens? If so, a reference should be made, as Senator Ryan sensibly pointed out, to this in the section. If the debates are used to bolster an argument, a reference should be made in this regard to give it legal grounding. High Court judgments regularly cite what was in the mind of the Executive and the Legislature when legislation was passed. If debates can be used by the defence or prosecution, they should be referenced.

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