David Cullinane (Sinn Fein) | Oireachtas source

I move amendment No. 8:

In page 88, line 34, to delete "privileges." and substitute the following:

"privileges,

in so much as such action does not undermine or take precedence over a person's right and entitlements as provided for in existing legislation or international treaties and agreements to which Ireland has signed up to.".

I welcome the Minister of State to the House. As this is the first time I have seen him here since his appointment, I wish him all the best in his role. The two amendments arise from committee proceedings. We still have a concern about companies being regarded as a legal entity and having the same rights and "full and unlimited capacity" as a human being. It is one of the most striking but unremarked upon changes in the Bill and which is contained in section 38. It gives companies the same capacity and authority as a human being. I do not have a difficulty with the idea behind the change but I would have a concern about giving "full and unlimited capacity to carry on and undertake any business or activity, do any act or enter into any transaction" and having the full rights and privileges as a human being as going too far.
Amendment No. 10, which is similar, states:

In page 89, between lines 6 and 7, to insert the following:"(2) In the case of a clash of "rights and privileges" a natural human being's rights and privileges would always take precedence over a company's.".

It is difficult to determine the ultimate use that companies and directors will make of this provision. In the US where there are similar situations, this type of right has resulted in companies claiming a breach of their human rights when they are required to allow inspections of the workplace or that their human right to free speech is infringed upon by advertising rules or that laws dealing with unfair labour practices, such as holding anti-union meetings, are contrary to their employment of their human rights. That is a difficulty we have. We agree with the Irish Congress of Trade Unions that a human being their human rights need to be protected first and foremost above and beyond any company which would be given, as the Bill does, the same full and unlimited capacity and which would be seen then as a legal person in legal terms. These issues have been discussed at length on Second and Committee Stages but we are not convinced that our concerns have been taken on board. That is the reason we have resubmitted the amendments on Report Stage.