Michael McDowell (Independent) | Oireachtas source

I am conscious that the Minister proposes in a later amendment to reinstate the original text of section 44. I am well aware of that but I am dealing with it as it stands now, and as it stands now is repugnant. Even if the Minister does have a majority in this House for the reinstatement of section 44 to correspond roughly to the format it was in before he brought it before Dáil Éireann, there is no guarantee whatever that if he brings it back to that august Chamber he will persuade that majority of people who took it out and handed this function back to the commission that the Minister, who is a member of a Government without a majority in Dáil Éireann, will be able to guide section 44 through in the form that he would like. The only place I can make objection to that is here in this House. The only stage at which I can make a valid objection is at the very first opportunity, although that does not preclude me from objecting later to the Minister's amendment and suggesting amendments to it. If I was to say that section 3(b) was to remain in place, at the moment I would be approbating section 44 as it stands. This would be the last opportunity that this House would have. The Bill, when it gets back to the Dáil, may be amended in precisely the same way as the Minister failed to prevent it from being amended on the last occasion. For that reason, it is not hyperbole on my part to anticipate that the Dáil might do exactly the same thing to the Minister's text as it did on the last occasion. I am trying to protect the public, the Constitution and the role of the Government from that unfortunate possibility.