David Norris (Independent) | Oireachtas source

I understand the reasoning behind Senator McDowell's amendment and it is important the Government should have the possibility of prescribing a time limit. However, I believe there is something wrong with the Senator's amendment. The word "may" occurs twice in the amendment. It states: "The Government may prescribe a time period [that is all right] within which the Commission may make its recommendation". I believe the latter use of the word "may" should be replaced with the word "shall". Otherwise there is no question of prescription. The Government is not prescribing anything. It is saying that if the commission feels like it on a wet Thursday afternoon it might do this. Senator McDowell said that this amendment would give the Government control but it does not really because of the second occurrence of the word "may" in it. The commission may make its recommendation but it might very well not. I believe that the second occurrence of the word "may" in the amendment should be changed to "shall" but, otherwise, it is a perfectly sensible amendment and would lead to greater efficiency in the administration of this process.