Tommy Broughan (Dublin North East, Labour)

I warmly welcome the Minister of State's decision to delete section 4 which would effectively have given the Minister the power to make regulations in regard to the operation of the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances By Sea 1996 done at London and the protocol of 1996 to amend the Convention on Limitation of Liability for Maritime Claims 1976 and 1996 and to effectively amend the Oil Pollution of the Sea (Civil Liability and Compensation) Act.

On Committee Stage, Deputy Perry and I argued strongly that this section would effectively give the Minister the power to legislate without reference to this House. That is not the appropriate way to administer the country and the marine area. Deputy Perry's amendment went further than mine in regard to the section. I was trying to reflect the recent Supreme Court decision in the Carrickmines case which seems to hold that modification of Acts of the Oireachtas by ministerial regulation is constitutionally dubious. The type of difficulties which arose in the Carrickmines case and in other cases could be avoided. I am glad the Minister of State has gone that extra mile. He said it was a standard provision but it is one which legislators would prefer not to be included in legislation because it has got us into serious trouble in other areas of legislation.

Five years after this Bill was introduced, I welcome the fact we have brought forward a tranche of legislation which transposes international conventions, including the Sea Pollution (Miscellaneous Provisions) Bill and the Maritime Security Bill. I commend the Minister of State and his predecessor on trying to protect our coastline. Perhaps we will have a chance to briefly refer to some of the outstanding issues the Opposition has repeatedly raised on Question Time before we finish Report and Final Stages. I welcome the Minister of State's decision to remove this section.

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