O'Rourke queried over validity of law

Seanad report

Seanad report

Jimmy Walsh

House leader Mary O'Rourke said she was unable to say whether the emergency legislation passed late on Wednesday night was valid or not. She was responding to angry Opposition members who demanded to know why the Health Insurance (Amendment) Bill had been rushed through without adequate debate. At one point the sitting was suspended briefly by Cathaoirleach Rory Kiely.

Complaining that Ms O'Rourke had failed to answer his query as to whether she had been inadvertently or deliberately misled, Brendan Ryan (Lab) said if that was not the case, was the legislation invalid? He intended to pursue the matter through the Committee on Procedure and Privileges. Mr Ryan said that either the Attorney General had advised the leader that the Bill had to be passed before midnight, in which case the Bill was invalid, or the leader had inadvertently misled the House.

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Ms O'Rourke said Mr Ryan was contending that as the Bill had not been passed before midnight, it was invalid. That remained to be seen.

David Norris (Ind) said it was aserious matter. "Did the Attorney General misadvise the Government?"

Ms O'Rourke said she could not tell whether the advice had been wrong.

Mr Ryan remarked that if the advice had been incorrect, the Housecould have debated the legislation properly.