David Norris (Independent)

I second the amendment. I support the amendment because it is a serious matter if indictable offences are to be introduced through this kind of statutory instrument. There is a palpable lack of democracy about it and Senator Ryan may well be right that a constitutional challenge might lie ahead.

The advice of the Attorney General is not always infallible. I pointed out this morning on the Order of Business that if he gave the kind of advice that he was purported to have given he was wrong and events have proved that he was wrong. The advice that the Minister for Justice, Equality and Law Reform claimed to have received from the Attorney General was described as "guff" by a member of the Fianna Fáil Party last night in the other House. That raises certain questions about the quality of the advice that the Government is receiving from the Attorney General.

Be that as it may, Senator Ryan's point that the practice of introducing indictable offences by ministerial instrument rather than as a result of full debate and legislation in these Houses is important. It raises questions about the democratic basis of our institutions.