David Norris (Independent) | Oireachtas source

The Bill is misnamed because, as I tried to point out on Second Stage, an emergency is something that happens swiftly and does not recur. Therefore, the entire Bill is fudged. I would like to put on record something I said to the Minister following the suspension. I watched his contribution in my office and he made a strong speech. I would like my compliments to remain on the record because it was clearly heartfelt and powerful, but I do not agree with him, particularly in regard to this section. We are discussing a situation in which the Minister can tear up agreements, including any statute or other document-like effect of a university or other third level institution, any circular, instrument or other document, any written agreement and contractual arrangement or any verbal agreement. Basically, the legislation is adopting the old Sam Goldwyn-ism that a verbal contract is not worth the paper it is written on. This is a dangerous and sinister power. Most people would trust this Minister with it, but who knows what is to come in the future? As legislators we have to be very much aware of that, because these are swingeing powers.

This is one of the provisions that concerns and worries me about the Bill, because I have always naively believed in the rule of law and, for that reason, I find it rather painful to contemplate the current activities of the US President, Mr. Obama, who is a friend of Ireland and a decent man. However, he has escalated by a factor of ten drone attacks, which completely suspend the rule of law. We are not talking about taking somebody's life here, but it is a serious thing to undermine the law, and by giving people the power to abrogate agreements and contracts, the Minister is undermining the rule of law. It is part of a worrying concentration of power in the hands of the Executive.

The Minister referred to the section and the amendments in his contribution. He said the provisions were not normal, and I agree with him about that, but he also said they will not be permanent. I am sure in his heart he may believe that, but I have never known a government - even a democratic, decent government - to willingly yield powers it has accumulated. Even if the Minister wanted to, the departmental officials would be loth to allow him. I do not refer to the present occupants of the seats behind the Minister. However, it is extremely difficult to reverse such measures. The Minister tried a little flummery when he said that would include office holders, "in particular the Judiciary, whose pay terms are determined not by a Minister but by the Oireachtas." Of course they are determined by the Minister. We are rubber stamps. The other House is a complete rubber stamp, as was shown yesterday.

We might have a little bit more roughness around the edges but the Government will try to get rid of us soon and it has a specially crafted ordered-in-advance rubber stamp, suggested by a well-known public figure - one wonders who - who will preside over this mini-Seanad, a type of yellow-pack Seanad-----