Seanad debates

Wednesday, 28 June 2006

Defence (Amendment) Bill 2006: Committee and Remaining Stages.

 

12:00 pm

Photo of Brendan RyanBrendan Ryan (Labour)

I move amendment No. 8:

In page 6, lines 26 and 27, to delete "and Dáil Éireann may by resolution approve of the report".

I know the Minister will claim this is a direct transposition from the previous legislation. However, I believe it is a peculiar phrase. Section 13 states, "The Minister shall, as soon as practicable after 1st day of January in each year beginning with 1st day of January 2007 make a report to Dáil Éireann on the operation in the preceding year of section 2 of the Act of 1960." Who could object to that part of the section? However, the phrase "and Dáil Éireann may by resolution approve of the report" is a very peculiar choice of words. Dáil Éireann may by resolution also disapprove of the report. There can be no legal reason to have a form of words that suggests that the Dáil has some obligation. I know that cannot be the case as the Dáil is sovereign. I have no idea why that was inserted in the first place because it seems an anomalous collection of words. A report is put before the Dáil and it is up to that House to decide whether to approve it. This matter is not the end of the world but the wording may be superfluous. The Minister will say it is traditional to insert such a phrase but we sometimes end up with legislation which perpetuates superfluity to the enrichment of those in the Minister's former profession.

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