Oireachtas Joint and Select Committees

Wednesday, 9 September 2020

Special Committee on Covid-19 Response

Covid-19: Legislative Framework Underpinning the State's Response

Ms Maura McNally:

As I stated and was outlined by the Chairman, the primary legislation is the Act and the secondary and supporting legislation is the statutory instruments and regulations. They are the means by which the principles, purpose and aim of the Act can be put into effect. The supporting legislation can never go outside the parameters of the Act if it is to be lawful. In other words, if an Act is about making sure all cars are blue, one cannot bring in a regulation or statutory instrument that states cars can be blue and white because the Act had a specific aim. The purpose of secondary legislation is to ensure the primary aim in the Act is effected properly, proportionately and within the bounds of the Constitution and recognised law.

The Deputy referred to a regulation from approximately 20 years ago. I think he is asking about how one reviews regulations. Although the Bar of Ireland does not have a view on that issue because it is a matter for the Legislature, it appears logical that the stakeholders and parties involved should be aware of the possible ramifications and repercussions of regulations as well as of primary Acts. In other words, if an Act is about cars and a regulation is to be brought in, then surely one should ask car manufacturers, licensed taxi drivers, car mechanics and others with an interest in the matter to consider it and make submissions. It is a matter for the Oireachtas as the Legislature to decide how it will do that. It must be done in a constitutional fashion and as a means of promulgating and pushing forward the original Act. I hope that answers the question.