Committee to review defective laws urged

A special Oireachtas committee should be established to review legislation that judges found to be unconstitutional, suggested…

A special Oireachtas committee should be established to review legislation that judges found to be unconstitutional, suggested Mr Maurice Manning, Fine Gael leader in the House.

The criticism of the Oireachtas by the Supreme Court last Wednesday was valid and lawmakers had a responsibility to examine how they could react to it.

Mr Manning said he was referring to the case in relation to which the court had expressed criticism of the Oireachtas for failing to remedy defects in legislation which had already been found to be unconstitutional. It had emerged, at least according to Government sources, that no procedure existed for reviewing legislation that had been found to be unconstitutional. Apparently, each Government department had to deal with it. But this had not been happening.

Mr Manning said he believed the primary responsibility in this regard did not lie with the individual departments but with the Dail and Seanad.

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"It's the Oireachtas which makes the laws and if they are found to be defective, I believe it is our responsibility to remedy these defects."

Responsibility for reviewing laws found to be constitutionally flawed should be given to a designated committee of the Oireachtas or, preferably, a special joint committee should be established to review cases where unconstitutionality had been uncovered.

Mr Manning asked the Leader of the House, Mr Donie Cassidy, to convey his views to the Government as a matter of urgency.