Tony Killeen (Clare, Fianna Fail)

Under section 12(1) of the Roads Act 1920, the Minister for the Environment, Heritage and Local Government currently has the power to make regulations about changes in vehicle ownership and the issue, inspection and surrender of vehicle registration certificates.

The purpose of the amendment to section 2 is to provide a statutory basis for the Minister for Transport to make regulations in respect of the NVDF functions being transferred to him. If I understand the Deputy's concern, it is that the remaining functions under section 12(1) currently reside with the Minister for the Environment, Heritage and Local Government. I am assured the power to make regulations under the 1920 Act about all other elements that have not been removed by section 2 remains with the Minister for the Environment, Heritage and Local Government. If I was to accept this amendment it would, de facto, restate superfluously that the remaining powers of the 1920 Act under section 12(1) are left with the Minister for the Environment, Heritage and Local Government. It is unnecessary and not advisable in legislation for a variety of reasons, not least clarity.

I assure the Deputy that I have checked this and I am sure the remaining functions under the 1920 Act that have not been removed by this section and transferred to the Minister for Transport still reside with the Minister for the Environment, Heritage and Local Government.

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