Seanad debates

Tuesday, 4 December 2007

Defamation Bill 2006: Committee Stage

 

4:00 pm

Photo of Joe O'TooleJoe O'Toole (Independent)

I appreciate very much the response the Minister gave on the timelines. I would be much reassured to have a "not later than" date or a commencement date introduced on Report Stage. I have a very good reason for doing this. On two occasions in the past year I have come across legislation where a Minister exercised a power under a subsection but where there was a qualification to that subsection in the following subsection which formed part of the same section. The qualification referred to other legislation. When I checked, the section in the other legislation had never been commenced. I accept I am being very theoretical but what was contemplated by the Houses in the passing of the first section in effect was never discharged.

I asked for a commencement date for the Education (Welfare) Act, to which the Minister referred. I also asked for a commencement date from the Minister on the Education Act, which I received. This made life very easy. An example of current legislation which makes life very difficult because there is no commencement date is the Education for Persons with Special Educational Needs where, for instance, a section has been commenced which sets up an appeals committee to something which cannot happen until a previous section is commenced. That is cynicism personified. That is the kind of stuff that bothers me. Is the Minister prepared to insert a commencement date? I do not care when it is as long as there is a commencement date or a "not later than" date.

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