Sean Barrett (Independent) | Oireachtas source

A person is disqualified from being a member of the authority when he or she ceases to be resident in the State. Last week, the Oireachtas elected Senator Máiría Cahill who is not resident in the State. An incredible record of service has been given to the Seanad by persons from Northern Ireland. No one has ever stated that they should not be here because they are not resident in the State. There is no point in making our points in Stormont or extending hands across the Border in friendship if we choose to preclude citizens of Northern Ireland from membership of the proposed new authority on the basis that it may cost too much if a member lived in Newry or elsewhere in Northern Ireland.

There are many capable individuals in the law in Northern Ireland and the various reforms introduced there could be of great value to us. Since the Anglo-Irish Agreement was signed, the State is supposed to be on good working terms with Northern Ireland and that is mainly the case. I believe this proposal is an oversight. When I think of Gordon Wilson, Martin McAleese, Seamus Mallon and John Robb, all of whom served in the Seanad, and Senator Cahill, a current Member, I wonder how on earth this section was included in the Bill. I also wonder if it is compatible with European law, given that Ireland is part of a common market in services. I accept the Minister's point that we want international expertise. However, we are no longer a 26-county State that should require people to resign if they move elsewhere to live.

I ask that more consideration be given to amendment No. 19 in my name, particularly as we have a legal system that is substantially unreformed, even when compared to other common law countries. We need expertise but the Bill, as it stands, discriminates against people from Northern Ireland. I am sure that is not the intention of the Minister or Cabinet. I also wonder if the proposal is compatible with European Union rules given that we subscribed to the principle of the free movement of people a long time ago.

Most important, the change I propose would bring a dimension that would be of use to us. We all value greater international context. One of the problems with law is that it has been an excessively national as opposed to broadly-based activity. I ask the Minister to reconsider the matter before Report Stage. It is not necessary to leave this provision in place as it could send out the wrong message, which I am sure is not the intention of anyone in the House.