Gerald Nash (Louth, Labour) | Oireachtas source

I move amendment No. 11:

In page 15, line 13, to delete "The Minister shall" and substitute "Subject to subsection (4), the Minister shall".

Amendments Nos. 11 and 12 are linked. The standard provisions dealing with the laying of orders before the Oireachtas have been included in the published Bill but following advice from the Office of the Attorney General, it has been decided that in order to add constitutional protections to the legislation providing for sectoral orders, the more robust provision requiring a positive resolution from the Oireachtas before any order is made would be appropriate. Amendment No. 12 provides for the requirement for the positive Oireachtas resolution in section 16(4). Accordingly, any order made by the Minister under section 16(1) is subject to the requirements of new section 16(4) and amendment No. 11 provides for this.