Michael Kitt (Fianna Fail)

The proposed amendment is connected to amendment No. 30 inserting a new section 14 regarding the electronic version of Acts. The amendment is not accepted.

In addition, the proposed amendment misunderstands the nature of section 13. This section merely deals with the consequences of something being an Act, namely, that it shall be "judicially noticed". It does not deal with the physical text of the Act other than as a document.

In the event of a question as to what constitutes that text ultimate recourse must be had to the version as signed by the President. I refer the Senator to Article 25.4.5° of the Constitution. That version is in effect the public document referred to in section 13 of the Bill. It must be signed by the President, or by the commission exercising the functions of the President under Article 40 of the Constitution. Article 13.3.1° requires that: "Every Bill passed or deemed to have been passed by the Houses of the Oireachtas shall require the signature of the President for its enactment into law." In that context the proposed amendment does not appear to accord with the Constitution.

This is a technical area. I appreciate the interest shown by Senator Brian Hayes and other Senators in the electronic form of Acts and recognition of technological developments. The information society is one of my areas of responsibility. We will introduce some initiatives in e-democracy and we are doing significant work on e-government. While I appreciate the Senator's point of view I must give a technical answer. The only official text of an Act is the version as signed by the President, which is then enrolled in the Supreme Court office. Every Act must be signed by the President.