Brendan Howlin (Wexford, Labour)

The Minister of State is making my case. He is undermining the principle enunciated in the 1972 Act, which is not to create indictable offences by way of regulation or secondary legislation. I have no argument with the creation of such offences, but it should be done in statue law by bringing a Bill before the Houses in the normal way. It should not be open to the Minister to create indictable offences through secondary legislation. The Minister of State is agreeing with my analysis that he is now undermining the de facto position that it is not policy to create indictable offences in this fashion. This is a serious matter. If the Minister of State needs further legal briefing on it he can reserve his position now and I will not press it. It can be for consideration in the Seanad.

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