Oireachtas Joint and Select Committees

Tuesday, 3 May 2022

Select Committee on Children and Youth Affairs

Institutional Burials Bill 2022: Committee Stage

Photo of Roderic O'GormanRoderic O'Gorman (Dublin West, Green Party) | Oireachtas source

While some legislative provisions do have "shall", I am not aware of any where "shall" is used to direct the Cabinet to do something. In terms of this specific recommendation, section 7(1) currently states: "Subject to subsection (2), the Government may, from time to time, having considered a proposal made by a relevant Minister" and Deputy Cairns is saying it should be "shall" rather than "may". She is removing the discretion of the Cabinet in terms of a proposal that is being made. That is the Legislature trying to bind the Executive, another arm of the State. I would have severe questions as to whether that is constitutional in terms of the separation of powers.

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