Aideen Hayden (Labour) | Oireachtas source

I will address myself specifically to the amendment.

The word "prejudicially" has a clear meaning, not only in constitutional law but in other branches of law. For example, the question, "Are my rights as a minority shareholder prejudiced by the actions of a company?", effectively means, "Are my interests harmed in any way by the actions?" By adding the words "and significantly" we would be raising the bar. I am not in favour of raising the bar. I think the word "prejudicially" is clear. I understand from where Senator Mullen is coming but "proportionate" is the key word in this section. It limits the powers of the State in taking specific action. In terms of the amendment, it is clear. "Prejudicially" is a clear legal word. Adding "significantly" would, first, cause legal confusion because "significantly" is not as legally understood as "prejudicially", and second, raise the bar, of which I would not be in favour.