Oireachtas Joint and Select Committees

Tuesday, 4 July 2023

Committee on Scrutiny of Draft EU-related Statutory Instruments

Committee Work Programme

Photo of Mark DalyMark Daly (Fianna Fail)
Link to this: Individually | In context | Oireachtas source

I thank the Cathaoirleach for stating at the beginning of the meeting that this is part of Seanad reform. I pay tribute to the Clerk of the Seanad, Mr. Martin Groves, and all the Seanad staff, who have been working on this issue along with the Minister of State's predecessor, Deputy Thomas Byrne, and the former Minister and Attorney General, Senator Michael McDowell.

We have spoken about clarity and transparency. A key issue when we wrote the document was scrutiny of statutory instruments. This is one of the elements. There are directives and information notes but the statutory instruments are what become law. I want a commitment from the Minister of State on this. I will outline again our terms of reference, which state the committee shall have the power to refer any proposed statutory instrument and associated documents to the relevant joint committee and to recommend to the committee that the proposed statutory instrument be further scrutinised. This is to get away from the legalese and jargon that often is confusing and, in some cases, designed to confuse.

The legalese version is that EU directives are transposed by way of statutory instrument into Irish law. Effectively this means we get a proposal from the EU. At present they are added to by Departments without anybody seeing them before the Minister signs the final document into law. I would like a commitment from the Minister of State, as per our terms of reference, that the draft statutory instrument will be made available to members of the committee so that we can send them on to the relevant committee because that is what becomes law. I would like a commitment from the Minister of State with regard to the drafts, as per our terms of reference and the letter I wrote on this proposal in April 2021. As it is in our terms of reference, we hope the Minister of State will be of assistance to us. This is about transparency if this will impact on Irish citizens. Our job is not to delay the instruments coming into effect, nor would we do so, but it is very important that we would be given draft statutory instruments that would impact the citizens of Westmeath, Kerry and Ireland along with all of the other information that will help us to make sure it is brought into effect in the best possible way.