Seanad debates

Wednesday, 7 June 2006

3:00 pm

John Dardis (Progressive Democrats)

The Acting Leader of the Opposition, Senator Bradford, together with Senators Norris, Ryan, White, Coghlan, Maurice Hayes, Bannon, Jim Walsh, John Paul Phelan, Cox, Browne and Moylan all referred to the handling of the Criminal Law (Sexual Offences) Bill, as well as the legislation itself. They also mentioned matters concerning the Office of the Attorney General and the conduct of the debate. I endorse what Senator Moylan said with regard to the conduct of the debate. On the question of the Minister for Justice, Equality and Law Reform treating the Seanad as a rubber stamp, the Minister, more than most members of the Government — in my recollection, more than any — has come to the Seanad and always engaged fully and comprehensively on every Bill he has introduced. He has dealt in great detail with the questions raised.

Some of the contributions I listened to on Committee Stage were Second Stage speeches. On Committee Stage, Members are meant to talk to and stick to the amendments, although it is a matter for the Chair to decide. Increasingly, it seems Committee Stage is used by Members who did not take the trouble to speak on Second Stage. I cannot recall some of those who had much to say in this regard contributing to the debate, although I may be wrong on that.

Given all the circumstances, the Leader gave as much time as possible. The Bill had to go for signature because it was urgent. With regard to its constitutionality, the Government does not take constitutional cases. It is for the President to decide whether she wishes to refer the Bill and it is for any aggrieved citizen who or group which thinks the Bill is unconstitutional to take a case. It is for the Government to defend such cases. In the event the Act is struck down, we must come back to the issue, as happened in the case at point, which is why the legislation was necessary.

I understand the Taoiseach will make a statement today in the other House with regard to the way forward on the matter in terms of the all-party committee which I expect will be established. That is the way to deal with the matter. It is important there be a consensus. I agree that there should be a timeframe. I also agree with Senator Bradford that these matters should be kept under review and that the House should debate them as and when required on the basis of that review.

I reject any proposition that the Attorney General would do anything to put a child in this society at risk.

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