Oireachtas Joint and Select Committees

Wednesday, 2 May 2018

Select Committee on Justice and Equality

Data Protection Bill 2018: Committee Stage

9:00 am

Photo of Colm BrophyColm Brophy (Dublin South West, Fine Gael) | Oireachtas source

To my mind, if I followed what just happened there, we have fundamentally thrown away the book on how a Minister makes a statutory instrument. Effectively it will be the Oireachtas that will have to give prior approval to statutory instrument. As such, the system of statutory instruments as we now understand it, with a review capability for the Oireachtas, will be gone. The ability to use statutory instruments in the manner in which they have been used right across the board will actually be replaced. We must think about the reality of what happens, which is that committee time must be found, processes must be in place and time within the Oireachtas must be found. We are taking out a process that was designed to enable a sometimes quite speedy reaction. We are replacing that with what will effectively be a legislative process through the Oireachtas. I would like clarity on whether I am correct in that. We are making a very major change to statutory instruments. What are the implications of that for all statutory instruments right across the board?

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