Seanad debates

Thursday, 12 July 2012

Industrial Relations (Amendment)(No. 3) Bill 2011: Committee Stage

 

2:00 pm

Photo of Richard BrutonRichard Bruton (Dublin North Central, Fine Gael)

I thank Senator Cullinane for his contribution. Again we must consider the reason we are in the current situation. These orders were struck down by the High Court on a number of grounds, one was they were not referring to policies and principles when they made orders. Let us not forget, as the court found, that these orders had potential criminal implications for the people who were found to be in breach of them. The second element, is that there was no proper democratic oversight, so effectively a body removed from the Oireachtas was making decisions that created criminal offences and that was beyond the constitutional entitlement. The whole house, so to speak, was struck down. We are reconstructing all of it.

The Senator is mistaken in suggesting to the House that the power being given to the Minister is like second guessing a decision of a court. The Minister in this situation is not second guessing a decision of a court of law.

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