Oireachtas Joint and Select Committees

Tuesday, 15 June 2021

Joint Oireachtas Committee on Jobs, Enterprise and Innovation

General Scheme of the Companies (Small Company Administrative Rescue Process) Bill 2021: Department of Enterprise, Trade and Employment

Photo of Louise O'ReillyLouise O'Reilly (Dublin Fingal, Sinn Fein) | Oireachtas source

I appreciate fully how necessary this legislation is. While we have been very good in facilitating the waiving of pre-legislative scrutiny, I do not want it to unrecorded that this is not best practice and is not ideal. It cannot become a habit. I understand entirely the unprecedented nature of the times through which we are living and the need to expedite legislation. I do not in any propose to delay this legislation but I do not want it to go unremarked either that the waiving of pre-legislative scrutiny is not good practice. It is not something I support as a general rule. Pre-legislative scrutiny is an essential part of the democratic process. In waiving it, I am conscious that we are facilitating necessary legislation but we must also be cognisant that pre-legislative scrutiny is necessary. We need to be cognisant of the frequency with which this is happening and the danger that it might become a habit because none of us want it to become one. Notwithstanding my misgivings, I am happy to waive pre-legislative scrutiny in this instance because I understand that we are all at one on the need for this specific legislation. However, everything can be an emergency if it is left until the last minute and I am anxious that we do not drift into the space where the waiving of pre-legislative scrutiny becomes the norm. Everything becomes an emergency if one leaves it long enough.

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