Charles Flanagan (Laois, Fine Gael) | Oireachtas source

I merely wish to point out to Senator Norris and others that at no stage did I question the constitutionality of the Bill. At no stage did I agree with any of the Senators who raised constitutional issues. If Senator Norris asks me to speak plainly on that issue, I will. At no stage did I question the constitutionality of the Bill. What I have said, because I said it on a number of occasions, is I am committed to consider bringing forward Report Stage amendments. I am not going to bring them forward now; I am anxious to listen to Senators Norris, McDowell, Boyhan and others. I do not believe it appropriate on Committee Stage that I would bring in amendments prior to the debate having been concluded. I am in listening mode, and have been.

In response to other questions that were raised by Senator Norris, yes, I do intend seeking Cabinet approval. As regards circulating the text of proposed amendments, if any, before going to Cabinet, the answer to that is no, I will not do that. Should I receive appropriate Cabinet approval for amendments, I would be happy to circulate them in the appropriate way.

Let me repeat again that I am amenable to addressing some of the concerns that have been raised. If that is the objective of amendment No. 86b, and I understand it is, then I will return on Report Stage to see how best I can address some of the issues.

As regards general Report Stage amendments, if Senator Norris wishes to press me on that at this Stage, let me say that the type of amendments under consideration for bringing forward are in areas such as the senior appointments, section 44; the matter of inhouse practising barristers and their eligibility or otherwise; a general saver relating to the constitutional function along the lines of No. 86b that we are discussing; and there may be other drafting amendments of a minor nature. In the meantime, I am happy to listen to Senators but in listening I would urge Senator Norris not to misrepresent anything I may have said either tonight or on the last occasion. I think that is the least I might request.