Seanad debates

Wednesday, 18 November 2009

Defence (Miscellaneous Provisions) Bill 2009: Committee and Remaining Stages

 

2:00 pm

Photo of David NorrisDavid Norris (Independent)

I am aware of that. That was what the Minister said. I am simply taking him up on that and emphasising the point.

It is curious that an amendment in my name was ruled out of order on the basis that it was outside the scope of the Bill, whereas the Fine Gael amendments, although apparently unconstitutional, were not ruled out of order and were permitted to be discussed. That appears to be all of a piece with the chaos that we have here today.

I understand that Article 29 of the Constitution comes into play here and perhaps the Minister could confirm that. Even though we are galloping ahead, perhaps an amendment could be tabled on Report Stage. I will happily collaborate with my Fine Gael colleagues or perhaps the Minster will table an amendment. I am happy to table one stating that "the Government shall consult with Seanad Éireann". That does not require the approval of the House but it would enshrine in legislation what apparently is already the practice of the Government. The Minister might comment on that because he has been generous in his comments about the useful role of Seanad Éireann in discussions, for example, about sending troops to Chad. He instanced that as a matter where, although it was a requirement that there should be approval by the Seanad, at the same time useful advice had been given. The Minister has already said that consultation with the Seanad was useful. Will he bring forward an amendment, which would take only a few minutes to prepare, which enshrines in legislation the existing practice to ensure it does not conflict with anything in the Constitution or in Government policy? I strongly urge the Government to take that on board.

On the analogy drawn by a distinguished colleague on the Fine Gael benches, Senator Paddy Burke, the Leas-Chathaoirleach, with regard to the Finance Bill, I might slightly cavil with what he said. They are not amendments. We are not allowed to table amendments; we are allowed to put recommendations. If an amendment to the Constitution is considered, that should be something that should be examined by Government. If we want to strengthen the role of Seanad Éireann, first, it should be required that we express a clear view, and perhaps even to the point of approval, in respect of military adventures of various kinds, and, second, why on earth should we not be entrusted with some degree of financial responsibility? We have a number of very distinguished people, particularly on the Independent benches, who have commented widely, most of it regrettably outside this House, in the newspapers and on radio on television because Members do not have the authority to do it here.

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