Seanad debates

Wednesday, 6 July 2011

10:30 am

Photo of Denis O'DonovanDenis O'Donovan (Fianna Fail)

I congratulate the Leader and the CPP on next week's invitation to the President of the European Parliament, Jerzy Buzek. It is a positive move on the part of the Leader.

I concur with the remarks of Senators Zappone and Barrett on yesterday's proceedings. We pushed for a walk-through vote because certain amendments were not taken. I understand the use of the guillotine but it is early in the session and we could have sat late last night to deal with the matter.

I draw attention to the Defence (Amendment) Bill which is before the House today. I propose an amendment to the Order of Business on the basis that the Bill is again being rushed through. I object to the taking of Committee and Report Stages of the Bill tomorrow. For those who have not studied the Bill, it is an attempt to amend law in existence since 1952 to ensure that a particular military person is appointed a military judge. That is the prime reason for it. The same Bill was introduced by the then Minister for Justice, Equality and Law Reform, Dermot Ahern. When an objection was made to the change, the Minister dropped the Bill which has constitutional implications. The Bill is most serious because one must have ten years experience practising as a barrister or solicitor in order to be appointed as a judge in civil or criminal law. The Bill does away with that requirement as far as the military courts are concerned. Military courts cannot be considered independently from other courts because there is also the right under the Constitution to have recourse to the High Court and the Supreme Court.

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