Seanad debates

Friday, 16 October 2020

Commission of Investigation (Mother and Baby Homes and certain related Matters) Records, and another Matter, Bill 2020: Committee and Remaining Stages

 

10:30 am

Photo of Ivana BacikIvana Bacik (Labour) | Oireachtas source

We have discussed the amendments at length but we have not talked about the section at all. This is the rogue section, one might say, the section on the other, unrelated matter of amending the Judicial Council Act 2019 essentially to extend the deadline for preparation of the draft personal injuries guidelines. I have no objection to the extension. I have seen the letter from the President of the High Court, Ms Justice Mary Irvine, setting out the grounds for seeking the extension. All of us want to see these guidelines published and we accept that a little more time is needed to ensure they are carried out adequately. I have no difficulty with the substance of the section. Rather, I want to put on record my dissatisfaction at the way in which this utterly unrelated amendment is being made and the way it was put in at the last minute on such a contentious and sensitive Bill dealing with such a complex matter, namely, the commission of investigation records.

It is bad legislative practice to have an amendment that is entirely unrelated and from a different Department, given that, as I understand the matter, it was the Minister for Justice who sought to put forward this amendment. As I said, it arrived very late and it is inappropriate to see it being tagged on in this way. I simply want to register my disapproval of this practice. I am sure the Minister is not particularly happy about it. All of us who have been legal academics or practising lawyers at various points will be aware it is always unsatisfactory to have provisions that are unrelated tagged on to a compendium or kitchen-sink-style Bill. This is not good practice because it makes it difficult for people coming later to uncover what is the law in a particular area. It is lazy legislation. I want to put that out there on the record, although I have no difficulty with the substance of the section.

Comments

No comments

Log in or join to post a public comment.