Martin Cullen (Waterford, Fianna Fail)

I stated on Committee Stage I would consult further with the Parliamentary Counsel in respect of this amendment. I have been advised by the Parliamentary Counsel that a change in the existing provisions regarding the laying of statutory instruments can only be considered in the context of the Statutory Instruments Act 1947. I am not prepared to allow the amendment as proposed as it could have unforeseen consequences which must be carefully considered in the context of the Statutory Instruments Act 1947. One particular concern of the Parliamentary Counsel was that a statutory instrument published on a website cannot be proved in court or have judicial notice taken of it. There may also be circumstances where a statutory instrument may not be capable of being published on a website. However, in an effort to be helpful to Deputy Shortall, I am happy to give a commitment that my Department will publish statutory instruments made by me on the Department's website where possible. However, according to the Parliamentary Counsel, this can only be dealt with in the context of the Statutory Instruments Act 1947. It would need to be changed therein and not on an ad hoc basis to deal with one Bill. Under no circumstances would the Parliamentary Counsel accept the proposed amendment.

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