Seanad debates
Wednesday, 21 September 2011
SCHEDULE
I am not taking these points in the order of appearance in the proposed wording. I will deal with the public interest point, on which I spoke on Second Stage. I will try not to labour it here. If a law is passed reducing the pay, for example, of departmental managers and judges, and it is said to be in the public interest, under what is proposed no court would be in a position to say that the law is unconstitutional based on the new Article 35.5.3°. In effect, judicial review is prohibited and the Executive is bringing about a power grab. Without my amendment, the Legislature has no standard whatever to meet in order to decide that a law in this context is in the public interest and it merely must state it in law, which is unacceptable.
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