Seanad debates

Tuesday, 27 November 2012

3:10 pm

Photo of Sean BarrettSean Barrett (Independent) | Oireachtas source

No. 1 on the Order Paper relates to the changing of the majority required for Private Bills to be passed by the Oireachtas to 50% instead of the previous 75%. I have written to the members of the committee, whom I hold in the highest respect, on this matter. It is important that people's property rights are not infringed and that there should be full discussion. There is literature on qualified majority voting but the report does not refer to it. I understand there are no cases pending which this would affect but it is important that we examine all the literature, both in academe and elsewhere. There are plenty of bodies which require 75% or two third majorities. It is there to protect existing institutions. The case made in the report for walking away from the 75% is a UK judgment of 1910 and a subsequent more recent case here. However, the authority to make that decision rests with the Oireachtas, not lawyers. I ask the committee to look at the things I mentioned in the letter and at the literature before putting this forward. It is an important power of the Oireachtas which should not be dispensed with on legal advice which I consider to be one-sided and which does not look into why so many bodies have qualified majority built into their voting systems.

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