Seanad debates

Friday, 16 December 2022

11:30 am

Photo of Rónán MullenRónán Mullen (Independent) | Oireachtas source

The Senator has led the way on that.

The second thing is equally important. Only this week, we heard a report of how judges had said the Legislature had waited for too long, left it for too long or failed for too long to legislate. I have wondered why our judges are making judgments on what the Legislature seeks to do. There is supposed to be a separation of powers. However, the point is that the Judiciary does not control what we as legislators do and, therefore, it is no great harm for judges to say what they do so long as they do not put their impartiality in doubt by doing so. The reverse of that is also true. If I express my surprise at a court decision, it is inappropriate that I or any other Member be told there is a separation of powers. Once it is clear we do not seek to curtail the judges in their function, it is absolutely legitimate that we as politicians comment on important public issues as they arise, even if there is a court dimension. We must look at how Standing Orders operate and are being interpreted because too often the damp hand or heavy hand comes down when all that is involved is the making of a legitimate contribution and it is quite clear to everybody the House is not seeking to somehow hold the courts to account.

That is all I have to say. I wish Senator Boyhan the very best. I would like to see him as Cathaoirleach, if not now then someday soon. As Humphrey Bogart said "Maybe not today, maybe not tomorrow, but soon ...". He went on to say "for the rest of your life" but I would not wish that for anyone. I rejoice to see the very well-deserved honouring and elevation of Senator Buttimer that will happen today.

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