Oireachtas Joint and Select Committees

Wednesday, 3 July 2013

Committee on Health and Children: Select Sub-Committee on Health

Protection of Life During Pregnancy Bill 2013: Committee Stage (Resumed)

9:40 am

Photo of Denis NaughtenDenis Naughten (Roscommon-South Leitrim, Independent)
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I raised this issue last night and Deputy Éamon Ó Cuív has also articulated it, but it has not been addressed. Significant powers are assigned to the Minister under subsections (1) and (2) of section 4. As I said, I accept that it is not the intention of the current Minister to bring in significant regulations under these provisions. The reality, however, is that once this legislation is enacted, it will be open to any Minister at any future date to introduce fairly significant regulations by order which may be nullified but not approved by the Oireachtas.

I made two points in this regard last night. First, it is bad practice to include such provisions in any Bill. There should always be a requirement for some form of approval, either by way of the mechanism suggested by Deputy Ó Cuív or in accordance with my amendment. Second, in this particular instance, the Taoiseach gave a clear commitment when the Government decision was made in December that we would have regulations in tandem with legislation that we would have the opportunity to consider those regulations. That has not happened. It is imperative that any regulations introduced under this particular legislation are subject to approval by the Oireachtas, whether through scrutiny by this sub-committee or by being laid before both Houses. I urge the Minister, in light of the scale and scope of the powers assigned to him under section 4, either to facilitate my amendment or to undertake to bring forward an alternative wording on Report Stage which reflects the thrust of the proposal.