Opposition says Govt rushing bills ahead of Dáil break

As the Dáil recess approaches, the Opposition has again been complaining that the Government is rushing through legislation ahead of the break.

Rows about the overuse of the guillotine are a political perennial that flare up every year. So, is this year any different?

Several lengthy bills have been subjected to the guillotine in recent weeks.

These include several Justice bills - the Garda Síochána Powers Bill, the Criminal Law, Civil Law and Defence (Miscellaneous Provisions) Bill and the International Protection Act.

Put simply, the Opposition charge is that the coalition strangles debate by imposing a guillotine and this diminishes the important oversight function of the Oireachtas in scrutinising new legislation.

The Government rejects this insisting that guillotines sometimes must be used, otherwise debates could continue indefinitely.

In the Seanad this week, Independent Senator Michael McDowell complained about the use of the guillotine on the Garda Síochána Powers Bill.

"We have to strongly protest that the Government has become addicted to using the guillotine even today when it not necessary. There is no call for it, nor is there any suggestion that this is being unnecessarily delayed or the like," she said.

"In all probability the Dáil's consideration will also be guillotined, the way we are going. I get concerned about the legislative process that is leading to an inadequate section being rubber-stamped without a fair opportunity for people to tease out what it actually means."

But the Minister for Justice Jim O'Callaghan rejected the criticism saying that he had already been in the Seanad four previous times to discuss the bill.

"I have given a lot of time to listening to what senators have to say in respect of the legislation. The guillotine will not be necessary tonight because I know we will be able to finish ten amendments within three hours," he said.

"It is unfair to say it has been rushed or railroaded when the bill has been in the House since 4 February and this is my fifth appearance before the house in respect of the legislation."

In the event, the guillotine was not used as the three-hour debate got through all the amendments.

However, several senators retain misgivings about the threat to curtail debates.

Last week in the Dáil, there was a similar discussion during the debate on the Criminal Law, Civil Law and Defence (Miscellaneous Provisions Bill).

Sinn Féin’s Matt Carthy was not happy with the use of the guillotine as well as the introduction of additional material.

"This is the second motion to instruct the committee we have had to the house where the minister has added new and completely unrelated matters to a bill that already covers a range of unrelated matters.

"Even the title of the bill has changed since we discussed it on second stage.

"Effectively what that means, and where the concern is, is there are matters within this bill that have not been and will not be properly scrutinised by the Dáil, not as part of the pre-legislative scrutiny process and not as part of the justice committee's examination of the bill," he said.

Adding: "I appeal to the minister to not have a repeat of this situation, to stop the guillotine and the rushing, and to actually allow proper Dáil scrutiny of legislation."

Social Democrats TD Gary Gannon also complained about the cobbling together of unrelated issues in one piece of legislation.

"We increasingly seem to be treating miscellaneous provisions bills like legislative suitcases into which anything can be packed so long as there is room.

"The public cannot properly follow what is happening, civil society groups cannot properly engage and members are expected to navigate a growing list of complex and unrelated issues within the same bill," he said.

Again, the Minister O’Callaghan defended his actions pointing out that ministerial careers come and go quite quickly adding that he was aiming to push matters through and sometimes the most expedient way to do that was by adding items to a miscellaneous bill.

"I am not going to apologise for trying to get important measures that are of benefit to the public enacted as quickly as possible. I think we all agree that the disregard scheme, as everyone has said, is something that should have been done decades ago," he said.

In response to queries, a spokesperson for the Government chief whip Mary Butler defended the practice as a necessary tool to manage parliamentary time.

"The Opposition can’t have it both ways - they can’t be criticising the Government for not enough legislation and then follow through with criticism when legislation is brought before the Houses of the Oireachtas.

"Ample time is provided for legislation at all stages across the Oireachtas with hours provided for second stage and debate at Committee," they said.

"Report and final stage tend to be more limited as much of the debate has already happened, and it can be necessary to prevent excessive stalling tactics."

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