I move amendment No. 1:
In page 8, subsection (4), line 20, to delete "1st day of January," and substitute "20 December,"
I will not press this amendment to a vote but I want to ensure my purpose in tabling the amendment is understood. It is to avoid retrospection, and ensure this legislation operates not from 1 January last but from today. There are two reasons it is important to do this. The first is one of principle and the second relates to the practical question of equity.
I have a real problem with any legislation allowing for retrospection. It is a fundamental tenet of democracy that citizens know the law. That is the basis of freedom. If we in the Oireachtas allow any law to be passed and to be made retrospective then we are in danger of not treating citizens as they should be treated in a democracy. When a law is to be made retrospective, we must stop and see if we can allow this. I refer to the principle rather than the actual arrangements in this case. If we allow the State to legislate retrospectively we strike at the fundamental base of our democracy. With regard to this principle, I and every other Member has a duty to draw attention to any law which is to be made retrospective. I intend never to allow retrospective law to be made without drawing attention to the chipping away of democracy that entails. Democracy is based on legislation on which the citizens know where they stand and we should abhor retrospective legislation. There have been exceptions and there may be more but if we allow those exceptions to pass almost on a nod and without criticism, we damage the foundation on which our democracy is built. On principle, we should not legislate retrospectively.
The second aspect relates to equity between the citizens and those who create legislation. The implementation of changes in law which will benefit citizens is always delayed. I refer to legislation from the Ministers for Social Welfare and Finance. Whenever something to our benefit is introduced, we are told it cannot be had immediately and that it takes time to implement. When the Minister for Finance introduces changes, they do not come in on that day but later. We are in danger of creating a very large gap between the "plain people of Ireland" in how we treat ourselves when legislation refers to us. This is the wrong time to give such a signal. It is important that the House recognise the dangers of retrospection. We must not apply that retrospection when it is to our benefit and not do so when it applies to citizens.
Until the Minister's speech last night, I was concerned at a number of aspects of this Bill. His speech was impressive for its explanation and passion. The Minister explained why so much of this Bill should go through. It changed my attitude a great deal. Today my purpose is to draw attention to the retrospection particularly because it applies to political parties and Members of the House, those who make the laws. By passing this on the nod, we are in danger of saying to our citizens who elected us, that there is one rule for them and one for us. That is the purpose of my amendment.
The Minister made a strong case for this Bill last night. I would have liked this discussion to take place in a cooler atmosphere. When retrospective legislation is rushed through at the last minute in the last session in the House, we are in danger of losing the argument, of not being highly regarded by our citizens and putting the legislation passed by the House beyond the trust of the citizens. That is why I have asked that this date be reconsidered and we treat ourselves the same way we treat them. Senator Fitzgerald made a strong case that needed to be heard but we are in danger of losing that argument if we do not make it in a measured way. I urge that this amendment be considered.