David Norris (Independent)

I move amendment No. 37:

In page 34, subsection (1), line 17, to delete paragraph (a).

The House is coming up against a deadline but I believe we can dispose of this amendment fairly quickly. What we are seeking to delete is section 40(1), paragraph (a), which states: "accepts nomination as a member of Seanad Éireann". It may be that what the Minister meant, and I do not agree with him on this , is the case of a person nominated by the Taoiseach. In other words, the person is appointed. Surely the Minister is not suggesting that if a person accepts nomination as a candidate for Seanad Éireann he or she would cease to be a member of the authority. It is my opinion that this is the clear construction that a lawyer would put on it. I remember that on one occasion 14 people accepted nomination for Seanad Éireann. That is what is on the paper, that the person "accepts nomination". Why should those 14 people be excluded before they have been elected? That is the first point.

There may be a vagueness in the drafting of this which should be removed. If the Minister wishes to prevent Members of Seanad Éireann from participation in the authority that is a different matter but it should be phrased in another way. It should state that "on appointment to Seanad Éireann the person should resign", or whatever. People cannot be discarded simply because they accept a nomination. I have been nominated but have always had to fight an election. The provision is, therefore, a swingeing power.

I do not agree that politicians should be excluded simply by virtue of the fact that the public has placed trust in them by electing them to local authorities, or even the Oireachtas, as I had made the case earlier about membership of the transport committee. I accept that point for members of the European Parliament, as there is a geographical difficulty in that case.