Charles Flanagan (Laois, Fine Gael) | Oireachtas source

I think the Deputies are overstating the position. Under law the Oireachtas has a power and authority at any time to overturn, reject or set aside any regulatory framework. I do not have figures on the number of times that has been exercised against a Government over the years. In fact, it may not have happened at all. I merely want to assure the committee that the process is there. Irrespective of whether at some future time the Houses of the Oireachtas decide to introduce new committees is entirely a matter for the Oireachtas. We can see the manner in which the whole committee system has evolved in recent years. In accordance with this piece of legislation, there will be an element of interaction between Government and committees in the normal course. There is already a process which will involve the Oireachtas and enable it to exercise appropriate scrutiny and exercise power and authority to reject, overturn or set aside. My difficulty here is that I believe the safeguards already enshrined in law and already included in this piece of legislation are sufficient to allow for the level of engagement that Deputy Daly and Deputy Wallace seek. The amendment, however, seeks a positive resolution, which from time to time can be particularly onerous. It is not necessary in the circumstances, having regard to the manner in which instruments are drawn up, agreed by Government on the advice of the Attorney General, laid before the Houses of the Oireachtas and dealt with here, as I am sure this committee has, within the statutory period of 21 days. My point is that I see a sufficient body of safeguards there. I am not convinced that we need to introduce a new mechanism in the form of a positive resolution, which may from time to time prove to be unduly heavy in the matter of regulation under these sections.