Brendan Howlin (Wexford, Labour)

I am disappointed with the Minister's response. He has said he has no difficulty with my proposals but he does not want to put them into law. Apart from the technical amendment, I do not see why it cannot be in the law if it gives an assurance to people. A requirement to a consultation process is not a great burden.

I know Departments do not like legal requirements to consult with other parties. If they had their way, they would not even consult the Oireachtas. Bills would simply be sent to the House for rubber-stamping. The Department of Justice, Equality and Law Reform is particularly prone to that foible. I will not put on record my direct experience of an official's comment on the Opposition and its right to deal with legislation. It was, however, an interesting lesson on the attitude of the Executive and the permanent Civil Service to the Oireachtas. It is incumbent on the Oireachtas where possible to pull back to the broad parameters of its constitutional right to legislate. This is a right the Executive often believes is its rather than that of the Oireachtas.

Amendment No. 88 proposes no more than a consultation process. The consultations, after hearing the case, can be entirely ignored. It does no injury to anyone and would be a positive statement from the Minister. On amendment No. 89, I know little of muzzle energy. I am simply presenting a case made to me and I accept the Minister's rebuttal, if that is what he has been advised.

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