Alice-Mary Higgins (Independent) | Oireachtas source

With regard to the question on the definition of "journalist", the Minister is aware that as recently as last year Opposition Members in the other House have proposed legislation on the protection of journalists and clarifying exactly the definition of a journalist in law. They asked whether we should look to the National Union of Journalists for a definition or look at international definitions. These are discussions that Opposition Members have tried to lead. They are increasingly important at a time when we are acting and speaking about the rights of journalists internationally. They are under pressure. We have had statements in the House in respect of journalists who have been persecuted internationally. It is something on which we need to be clear. The fact there is ambiguity is not on us. It is something we can certainly work together to address.

The sunset clause is a serious concern. It is a concern we have noticed in general. When a Minister comes to us to ask for powers it is appropriate the House says we will give the powers but with certain constraints on the reach of such powers and the time and duration of such powers. The Minister has acknowledged that time is a relevant factor in terms of the extent and scope of powers. Sunset clauses are fundamental. I note we have had inconsistency. They should always be allowed. We have been told they can only be allowed in emergency legislation. We have also been told this Bill is emergency legislation but sunset clauses are not being allowed. This is not a point for the Minister but it is a debate we need to have as a House. If we go into a situation where the House is not able to set suitable amendments in our determination of the transfer of power to a Minister it is damaging to the legislative process. We will return to this. I know the Minister did not make the ruling but it needs to be noted.