Bertie Ahern (Dublin Central, Fianna Fail)

On the timing, the Departments were made aware that this was a matter of urgency. I hope their report to the Attorney General will be completed promptly. The Attorney General will then have to consider the extent to which changes will have to be made. It is his view that it is the prerogative of the legislature to solve any problem that currently exists by way of primary legislation. In other words, should the effect of a transfer of functions order, by implication, amend the scheme of primary legislation, the problem may be amended by primary legislation. I do not know whether that will require a large number of Bills. There are differences of opinion on this. It relates mainly to where secondary legislation has been used to amend something contrary to what was intended in the primary legislation or, as in the Mulcreevy case where there were two Ministers or more and perhaps an agency. That examination will take place and will ultimately determine how many legislative changes are needed.

Some of the issues have been highlighted by the Judiciary in cases over the past 20 to 25 years and there has been considerable narrowing down as a result by the Attorney General's office. It is hoped there are not now as many cases as we first thought. However, I am not certain about that.

See this speech in context