David Norris (Independent) | Oireachtas source

I will address amendment No. 86b which is the most crucial amendment. It revolves around the issue of constitutionality, a question Senator McDowell has raised on several occasions, as have I, in the hope the President of Ireland will refer this legislation to the Supreme Court. The question of the presumption of constitutionality is an important one and crucial to our role in the Houses of the Oireachtas. It seems the legislation plainly goes against the Constitution that for those of us in Seanad Éireann to enact it would represent a derogation from our obligations and duties as Members of the Oireachtas. The presumption means that a court will presume the Oireachtas intended only a constitutional construction of any section of the laws that we, as legislators, enact. It seems to be a complete mockery that the Minister actually agrees with the intent of the amendments. He has said he agrees with the intent of the amendments tabled by Senators McDowell, Boyhan and Craughwell. Apparently, he agrees completely that the order of preference and ranking or recommendation given by the judicial commission in respect of appointment should be non-binding on the Government and will say as much on the record of the House, yet, despite the fact that he will actually say it in the House, he is apparently not prepared to legislate for it. That is an extraordinary lacuna. He says he agrees with the intent of the amendments and knows that they are correct, right and so on, yet he is not prepared to do anything about it.

The Minister has been at pains on a number of occasions to point out that 74 or 75 hours of debate have passed in considering the Judicial Appointments Commission Bill. That is absolutely true. It has been a marathon. That makes it even more extraordinary that during this marathon 74 or 75 hours of debate he has still to come up with amendments which he has told the House are necessary. I do not understand why he says he will introduce an amendment on Report Stage. What is so sacrosanct about Report Stage? Why can we not have it now?