Seanad debates

Thursday, 7 July 2011

Defence (Amendment) Bill 2011: Committee Stage

 

3:00 pm

Photo of Rónán MullenRónán Mullen (Independent)

I am just making the point in passing. Section 7 highlights the constitutional frailty of the position as it stands. Even though Deputy Shatter is perfectly competent to serve in the roles of Minister for Defence and Minister for Justice and Equality, the two positions should probably not - for all the obvious reasons relating to a democracy - have been combined. Just as there is a separation of powers, there should also be a separation of functions between control over our police service and control over the area of justice. I intend no reflection on the Minister, I am merely making a constitutional point.

There is a departure from transparency in respect of what is currently contained in the Bill. He will allow the selection committee to drive a coach and four through the normal statutory requirement regarding the period of service someone is obliged to have as either a practising barrister or solicitor or in a role where he or she is required to be a barrister or solicitor. That is a major mistake.

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