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 Alice-Mary HigginsAlice-Mary Higgins (Independent) | Oireachtas source

I want to make the same point. First, there is a general concern about bad practice, and that bad practice is more of a concern today because the main subject matter of the Bill is so sensitive and is a matter of such huge concern. However, there is also a concern that we do not go down the route taken in the United States where there is legislation that amalgamates school meals and gun law, for example, and everything else gets thrown in together. This can create a fractious and inappropriate dynamic whereby, in future, there may be tensions between two elements in a Bill, with something people want and something people do not want, and issues that matter to people are held hostage to other issues. It is a careless approach at this point and that kind of parliamentary practice can become a bad and dangerous down the line. We have to take it seriously, mark it and note it.

Normally, when there is an amendment to an Act, be it the Social Welfare Act or the Judicial Council Act, there would be a proviso for other amendments and allowance for others who wish to amend the Act. For example, my colleagues in Sinn Féin have previously put forward constructive suggestions in regard to the operation of the Judicial Council. This section merits its own consideration. The thing the Government wants to do to the Judicial Council Act is one part of the puzzle but, normally, if this was being done properly, this section would be dealt with in separate legislation on the Judicial Council, it would move through in the normal way and constructive suggestions in regard to the operation of the Judicial Council could be attached to that, as appropriate. That has not really been possible today.

Of course, the timeline for this is December, not October, which the Minister has stated his timeline to be, and we believe still that it should be November. I want to add my concerns to those already expressed.

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