Seanad debates

Wednesday, 9 December 2015

Assisted Decision-Making (Capacity) Bill 2013: Committee Stage

 

10:30 am

Photo of David NorrisDavid Norris (Independent) | Oireachtas source

So there is no need for a definition for somebody who does not take part in the Bill. That is fine. However, I will say this only once to the Minister of State. This whole Bill is dreadful in a sense. I do not blame the Minister of State. I blame the Department and the draftspeople. This is the third or fourth time we have had Government legislation with several hundred Government amendments after it has been passed by the Dáil. I never recall anything like this previously in nearly 30 years in Seanad Éireann. There is always a big rush coming up to Christmas, but I never remember anything like this.

There were more than 300 amendments to the Legal Services Regulation Bill, including amendments to amendments that were made a week previously. It is horrendously bad conduct of business. Here is another one with a couple of hundred Government amendments. I know some of them just remove one word such as getting rid of the "to" in "to appoint". For God's sake, those are such obvious drafting matters that they really should have been taken care of before the Bill was presented to the Dáil. If they were not, surely to God, they should have been amended in Dáil Éireann.

However, on the other hand, of course, what a wonderful thing that we managed to preserve Seanad Éireann. Where would the Minister of State be without the Senate? Where would her 200 and something amendments be? They would be floating around in mid-air and she would have to go back to the Dáil and do all kinds of high jumps and I do not know what else.

I am making a protest on behalf of doing good business. I ask the Minister of State to take it back to the draftspeople and her colleagues and all the rest of it. I see absolutely no reason for this Gadarene rush every single Christmas. That is bad enough, but to have three or four Bills with a couple of hundred Government amendments after being through the Dáil, and in the case of one of the others through the Senate and amended in Committee to be followed by 300 Report Stage amendments, is absolutely unheard of and scandalous.

That is all I shall say on the matter. I feel it very deeply. We should do our business in a proper and business-like manner that allows everybody participate and has the orderly progress of legislation through both Houses of the Oireachtas. I make it clear that I am not pinning personal responsibility on this Minister of State. It is a feature across Departments and seems to particularly hit the Department of Justice and Equality - for what reason I just do not know. I believe this is also a Department of Justice and Equality Bill. This is the third Bill we have had from the Department of Justice and Equality - the third Bill from the same Department. I rest my case.

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