Alan Shatter (Dublin South, Fine Gael) | Oireachtas source

No, we have a few choices. We opt in and if there is a final outcome we are part of it, or we do not opt in which means we cannot formally propose amendments to it and when it is decided in its final form we decide whether we should opt in to it as it is, warts and all, even if there are parts we do not like and on which we might have had a greater impact had we participated. That is why it is important to opt in, to exercise our influence.

In response to the question about the difference between a delegated Act and an implementing Act, the Lisbon treaty introduced two new articles - I mentioned this briefly earlier - that allow the member states and the European Parliament to delegate powers to the European Commission. These articles effectively replace the old comitology procedures, which were often criticised for lack of transparency.

The articles in question are 290, which provides for delegated Acts and 291 which provides for implementing Acts. I should add that, while the procedures are separate and distinct, there is a certain overlap so that in many cases there would be a margin of discretion in respect of the choice made as to which approach is to be followed. Given the newness of the procedures it is also the case that the parameters of each are still not altogether clear – this is about as clear as mud because these are relatively new procedures. That being said, in broad terms, Article 290 of the TFEU allows the European Legislature, that is the European Parliament and the Council, to give powers to the European Commission to amend or supplement legislative Acts.

These powers are limited in nature. They are not intended to enable substantive amendments to be made to a basic instrument. A common example where such amendments might occur arises in relation to changing the content of forms - I gave that example earlier – in respect of particular matters. The forms are normally annexed to a regulation. A form might facilitate the practical operation of some particular measure or provision contained in the regulation and it may be discovered after the regulation has been adopted that there is some defect in the form, that it could be better framed and that it would be in the interests of those who have to utilise it that it was better framed. In that context the Commission can be given delegated authority. It cannot affect the substance of the regulation but it can provide for a better form.

I could give a domestic example of this, one of the bees in my bonnet for several years was the incomprehensibility and difficulty that confronted those who apply for citizenship in Ireland when presented with the forms. People came into my law office asking me to help them fill out the forms. As a lawyer I found some of the questions obscure and difficult. When I went into the Department I discovered that 50% of the forms submitted on citizenship applications were returned because of failure to fill them in or because there was some part that someone did not understand. Several people in the Department were engaged in checking forms and sending them back to people, rather than processing applications.