Colm Burke (Cork North Central, Fine Gael) | Oireachtas source

I thank the witnesses for their presentations and submissions. I also thank them for the work they are doing within the legal services area. It is important that there are checks and balances between the Executive, the Legislature and the courts.

I wish to deal with the issue of regulation. As someone with a legal background I, along with a colleague, was involved a number of years ago in identifying the fact that there was no supporting legislation for a regulation introduced 20 years previously. As a result of highlighting this, emergency legislation was brought before the Dáil and Seanad and passed in three days. The President of the day referred that legislation to the Supreme Court where it was ruled unconstitutional. As a result, over €400 million had to be refunded to people. The regulation in question was in place for over 20 years and even though one element of the health service had received an opinion from a senior counsel advising that it was not in order, nothing was done for 20 years until we highlighted it.

In terms of what has occurred since March of this year, what do the witnesses believe we should do now in terms of the many regulations that have been put in place, not just in relation to health but in other areas as well? Do they feel it is time to look at the issue of regulation in the context of checks and balances and making sure the Executive has not exceeded its powers in bringing forward regulation without adequate scrutiny? When bringing in a regulation the Executive is very slow to put a time limit on it because it is afraid that the expiration of the time limit will not be flagged and issues might arise as a result. Therefore there has been a reluctance to include time limits on regulations. What is the view of the witnesses on this issue, given that the same level of scrutiny has not been possible in the Oireachtas over the last six to eight months?