Seanad debates

Wednesday, 20 May 2009

Companies (Amendment) Bill 2009: Committee Stage

 

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

I would like to hear the basis of Senator Cannon's amendment. I am always reluctant to make references to the Constitution in legislation. All legislation must be constitutional. Was a particular issue in this regard brought to Senator Cannon's notice? I have spoken on this issue several times in the House. If one makes reference to constitutional rights in legislation one must do so in all legislation. It is assumed the law of the land must be constitutional. The constitutionality of legislation can be tested in the Supreme Court.

Does Senator Cannon know of some side issue relating to constitutionality? If there is a worry in this regard the Bill should be tested and tried. Is there a question of constitutionality in an earlier part of section 5? If so, we should hear about it. I have reservations about making reference to constitutional rights without setting the reference in a broader context.

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