Seanad debates

Friday, 11 December 2020

Finance Bill 2020: Committee Stage

 

10:00 am

Photo of Rónán MullenRónán Mullen (Independent) | Oireachtas source

We are dealing with a situation here where there are already considerable restrictions on what the Seanad may do on money Bills and that is understandable because we are not as directly elected as the Dáil. In this context it surely means within this limitation we should, therefore, otherwise have the broadest latitude. Where there is an ambiguity in the meaning of the Standing Order, it surely has to be resolved against those who would impose the burden. That would certainly be the precedent in contract law where we have the contra proferentem rule. As far as I know, it is also a provision of statutory interpretation. Where there is any ambiguity it is to be resolved in favour of the person who would bear the burden of what is being proposed. I take what the Leas-Chathaoirleach has said on this and I thank him for allowing me to return to this issue. I am a fortiori asking the Minister of State whether I am precluded from bringing forward this recommendation. I ask him to pay special attention to it so the Government may bring it forward on Report Stage if it deems fit, leaving to me whatever other avenues I may have to seek clarification or, indeed, reversal of this ruling.

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