Denis O'Donovan (Fianna Fail) | Oireachtas source

Senator Barrett's amendment is the main topic that I wish to discuss. He touched on my concern, in that the legislation is one of the most convoluted and difficult Bills that I have ever seen. When I spoke on Second Stage some time ago, on principle I addressed what the Bill tried to achieve and so on, but the Minister, for whom I have great respect at a personal level, has tabled five amendments to the same part of the Bill. As originally drafted by Deputy Shatter, the Bill was to be a lion in tackling the difficulties with the legal profession, dragging it kicking and screaming from the pre-Victorian era of the 19th century into the 21st century through reforms, but we have ended up with a little lamb. The lion is gone, leaving a convoluted Bill.

Two weeks ago on Committee Stage, the Seanad agreed a raft of amendments - no one called a vote - tabled by the Government to its own Bill. Last night, I called votes because we were asked several times to agree to amend or delete the amendments that the Minister introduced two weeks ago. How can we have faith and trust in this legislation? It is supposed to be one of the most reforming Bills that has ever been laid before the House. As spokesman on justice, I rarely make such a strong point, but before we make a major blunder with this legislation, I ask in support of Senator Barrett that the Minister withdraw and reconstitute it so that we might know which amendments we are debating. Last night, we had a large list of amendments that was a book in itself, but we also had a supplementary list of amendments to those amendments. Once the Bill is amended, it must return to the Dáil. Last night was like a maze, with people wondering what page to read and to what amendments or deletions the Minister was referring, yet reasonable amendments from Senator Barrett, Sinn Féin and others were brushed aside as irrelevant.

The legislation is intricate and difficult, but before we make a major mistake in rushing it through, the Minister should stand back and get her act together on Report Stage. One day would suffice to get everything ready. There would be more co-operation from this side. As matters stand, I find it difficult to support amendments on Report Stage that delete amendments to which I agreed two weeks ago. It is like the three-hand trick - is it this, that or the other? I am confused about where we are going and I believe that the Minister is as well.

The drafting of this Bill leaves a lot to be desired. It has been four years in the ether. This is an important issue even though I know that the Cathaoirleach is anxious for me to sit down. This Bill commenced four years ago and everything is being rushed through now because we are coming closer to the recess and the Government wants it enacted before the next election. If it is enacted in a rushed fashion, it will do major damage to the Seanad. I have respect for this House, but what happened last night and is about to happen today is not good for legislation or democracy.