Rónán Mullen (Independent)

Normally, this should be the Seanad's opportunity to show the value of a second Chamber where we could interrogate legislation properly. However, as Senator Frances Fitzgerald stated, we will not have that opportunity because of the rushed nature of what is happening in these days. To see the phrase "all Stages" posted underneath legislation as important as the Criminal Justice (Amendment) Bill with all that it entails is ludicrous, as others have stated.

I watched Miriam O'Callaghan's television programme at the weekend and I am sure like others did I felt tremendous sympathy, powerlessness and anger listening to members of the Collins family describe what they have been through. There are sincere people with very legitimate opinions on both sides of the argument on what needs to be done in the criminal justice system to deal with the wave of criminality facing us. People rightly identify that there is a long-established and carefully crafted balance in our criminal justice system which should not be tampered with and that it would not be in the interests of the innocent in future to introduce draconian approaches that interfere with the normal checks and balances in criminal prosecutions. On the other hand, one listens to people who have suffered enormously and we all know that desperate times call for extraordinary measures. However, they should be good measures.

Whatever way this issue is resolved, it should not be resolved in a hurry. This is the exact type of clash of opinion between sincerely held, well-established and justified views on different sides of an argument that calls for extended debate. It is one thing to push through technical legislation at the end of term but it is another to push through legislation on an issue as important as this, when the issue needs to be interrogated fully and we need to go from having a gut reaction to having a more considered view that one would hope would accommodate the aspirations of all sides and protect the delicate balance in our criminal justice system. For this reason alone, this is very bad legislation. That is not the way we should be doing business and it will bring the Houses of the Oireachtas into disrepute.

I was talking to a former Seanadóir at the weekend who said that one of the frustrating aspects of being a Member of the Seanad, and I am sure it applies equally to Members of the Dáil, was the inversion of the way business should be done. Instead of the Executive proposing legislation which the Oireachtas must consider, we are a barely consulted body of people. It would be more likely to take heed of us if we were powerful figures in the media or wealthy lobby groups. That is not the way it should be. We should have a fully functioning, inquisitive Legislature that gets an opportunity to ask the hard questions, asks the hard questions and is not just heard but heeded when it is correct.