Seanad debates

Monday, 28 November 2011

Water Services (Amendment) Bill 2011: Report and Final Stages

 

7:00 pm

Photo of Thomas ByrneThomas Byrne (Fianna Fail)

I second the amendment. Not only does Fianna Fáil not support this provision, but there is no way the Constitution supports such a vague criminal offence. It will be an offence to "adversely affect the countryside". The Minister should get his legal advisers to check this again before the Bill is passed because the President would be well within his rights to put it before the Supreme Court. How could anyone be guilty of the offence of "adversely affecting the countryside"? It is essential that this provision be deleted because it is not possible. Can any legal or sensible Members on the other side of the Chamber not agree? How did the Attorney General pass this provision? I cannot believe it went before her, as it cannot be an offence to adversely affect the countryside. The Minister should respond to this point. At the very least, the provision must be deleted, but I consider the proposed section 70C(2) to be utterly unconstitutional.

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