Aodhán Ó Ríordáin (Dublin Bay North, Labour) | Oireachtas source

I move amendment No. 208:

In page 109, between lines 3 and 4, to insert the following:

“Ministerial directions 127. (1) Subject to the requirements of this section, the Minister may give a direction in writing to An tÚdarás to prepare guidelines, codes or policies under section 126(1).

(2) The Minister shall, in the interests of procedural fairness, give a notice in writing to An tÚdarás to which is attached a draft of the direction concerned stating that—

(a) the Minister is minded to give that direction to An tÚdarás, and

(b) An tÚdarás may, if it wishes to do so, within the period specified in the notice (being a period of not less than four weeks from the giving of the notice) make submissions in writing to the Minister on the direction.

(3) Where the Minister receives submissions referred to in subsection (2) before the expiration of the period referred to in that subsection, he or she may, after having regard to those submissions—

(a) give the direction concerned to An tÚdarás with such revisions to the direction as the Minister considers are warranted in view of those submissions,

(b) give the direction concerned to An tÚdarás without any revisions to the direction if the Minister considers that no such revisions are warranted in view of those submissions and stating the reasons therefor, or

(c) decline to give the direction concerned to An tÚdarás if the Minister considers that—

(i) in view of those submissions, the direction is not warranted, or

(ii) for any other reason, the direction is no longer warranted.

(4) Where the Minister receives no submissions referred to in subsection (2) before the expiration of the period referred to in that subsection, he or she may—

(a) give the direction concerned to An tÚdarás, or

(b) decline to give the direction concerned to An tÚdarás if the Minister considers that, for any reason, the direction is no longer warranted.

(5) The Minister shall cause a direction under this section to be published on a website of the Government at the same time as it is given to An tÚdarás or as soon as is practicable thereafter being a time which is not later than the next business day following the date on which it is given to An tÚdarás.

(6) Where a direction has been duly issued under this section An tÚdarás shall comply with the direction.”.