Thomas Byrne (Fianna Fail)

It is not appropriate that every time a piece of legislation is introduced by the Opposition, Senators and Ministers say, "Sorry, but it is unconstitutional". They do not know whether it is unconstitutional. Very often when such statements are made, no arguments, case law or precedents are put forward. They are simply used to rubbish legislation proposed by the Opposition. If the Government wants to show it is serious about legislation, it will have to take on board serious legislation that is introduced from this side of the House. They promised to do that, as well as having gaps between the various stages. That is in the programme for Government and was in the Fine Gael manifesto. However, the majority of legislation coming through this House does not have gaps between various stages, which makes it almost impossible for Opposition Senators to study the legislation seriously and table amendments.

I note the Dáil will have a day every month for Private Members' legislation which, I suspect, will come from Departments. The Government will welcome its own side with open arms. I ask if it will really work if everything is decided to be unconstitutional. In what circumstances are Senators allowed to use the word, "constitutional"? This term is being bandied about this House without any grounds and in order to diminish the genuine work of legislators who are trying to improve the lives of people.