Bertie Ahern (Dublin Central, Fianna Fail)

As a result of an examination by the Attorney General of recent court judgments on the delegation of legislative power, the Government has directed that each Department undertake an audit of the part of the Statute Book for which it has responsibility regarding delegations of legislative powers which may be affected by the decision of the Supreme Court of 27 January 2004, and the decision of the High Court of 29 January 2004, in Mulcreevy v. the Minister for the Environment, Heritage and Local Government and Dún Laoghaire-Rathdown County Council, with a view to identifying any remedial action that might be necessary.

The audit will take into account the judgments made in the cases referred to by the Deputy and some judgments in similar cases. It is not possible, at this stage, to say what curative measures, if any, will be necessary. Another recent decision, in the Leontjava and Chang cases, which were heard together, relating in part to delegation of legislative powers, is under appeal to the Supreme Court, which has reserved judgment in the matter.

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