Michael Kitt (Fianna Fail)

If accepted, this amendment would result in different rules applying for those Acts passed before and after the enactment of this Bill. In addition, difficulties would arise where a Bill, once passed, could not become operative until the commencement of the following day. This would be particularly problematic in terms of emergency legislation. The only theoretical difficulty with commencing on the same day is that, technically, this could create retrospective criminal legislation if not properly drafted by the Office of the Chief Parliamentary Counsel. However, the latter is well aware of this possibility and drafts accordingly.

The current arrangement in regard to the commencement of legislation has been in place since 1889. Changing it will cause confusion as between future and existing legislation. The position is that legislation which is signed on a Tuesday, for example, applies from midnight on Monday night. That is the way the system works. Senators are aware that commencement dates may also be used and are used quite regularly. I hope the Government's position is clear on this.