Oireachtas Joint and Select Committees

Wednesday, 17 July 2024

Committee on Scrutiny of Draft EU-related Statutory Instruments

Engagement with Minister of State at the Department of Foreign Affairs

1:30 pm

Photo of Alice-Mary HigginsAlice-Mary Higgins (Independent) | Oireachtas source

A proposed statutory instrument is the point at which we, as a committee, should be in a position to carry out parliamentary scrutiny. This is the piece that matters, namely where something as solid as a Bill is ultimately proposed by a Department. It might be stated that the Office of Parliamentary Counsel put together that draft of the Bill and that the intention was to get the relevant Minister to sign it. If there is an issue on the part of the Office of Parliamentary Counsel in between its providing advice, the drafting process and the Minister signing off, then, frankly, it is the job of the Government to insert a new piece into the process such that the Department is responsible for and writes the final version, which is a proposed statutory instrument. The Office of the Parliamentary Counsel does not have to choose to let us see that or to have it be the subject of parliamentary scrutiny. The Department can say that it is its proposed statutory instrument and is no longer the property of the Office of the Parliamentary Counsel, regardless of whether it reflects the latter's advice. The Department can, and, indeed, should then share it. This comes back to another crucial point. It is not just a problem for this committee. Nobody is here for fun. We are not here simply to hurry things up or play some kind of cheerleading role in the context of getting things through quickly. This is about the serious fact that almost half the legislation coming through is not being subjected to parliamentary scrutiny. It is not equivalent to talk about the EU, directives and-----

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