Clare Daly (Dublin Fingal, Independent) | Oireachtas source

I move amendment No. 34:

In page 9, to delete lines 27 to 32 and substitute the following: "(2) Every regulation made under a provision of this Act, other than under sections 9(9) and 10(16)shall be laid before each House of the Oireachtas as soon as may be after it is made.

(3) Either House of the Oireachtas may, by a resolution passed within 21 sitting days after the day on which a regulation is laid before it under subsection (2), annul the regulation.

(4) The annulment of a regulation under subsection (3)takes effect immediately on the passing of the resolution concerned, but does not affect the validity of anything done under the regulation before the passing of the resolution.

(5) A regulation may be made under sections 9(9)and 10(16)only if—

(a) a draft of the proposed regulation has been laid before the Houses of the Oireachtas, and

(b) a resolution approving the draft has been passed by each House.".

This section deals with the Minister having the option to make regulations at various stages and notify the House after the event. What I am trying to do is increase the democratic input of the Houses. It would absolutely allow the Minister to continue to have the ability to make regulations and to inform the House after the event in the normal way but with two exceptions where the regulations must be brought before the House in advance of being made so the Oireachtas can have an input into those two clauses. It is a provision we introduced on data protection and it is a good precedent. This would not impact on the Minister or impede his ability to make regulations and lay them after the event except in cases involving a dispute resolution mechanism. The legislation as its stands states the Minister may introduce regulations in this regard. The amendment would require him to bring regulations under this remit to the House first. The Bill provides for the appeals process to be decided by two Ministers of the Houses. Rather than two Ministers deciding an appeals process, it should come to the House first for discussion. We have taken this measure in other legislation to increase the democratic input in these two important areas.