Bernard Durkan (Kildare North, Fine Gael)

I move amendment No. 45:

In page 14, line 15, after "works" where it firstly occurs to insert the following:

", such classes to be determined and approved by Dáil Éireann,".

This amendment is similar to an earlier amendment tabled by Deputy Ryan. I have no reason to believe the commission is not competent, having consulted with such persons as it considers appropriate, whoever they might be, and with the consent of the Minister, whoever he or she might be, may by regulation designate a class or classes of electrical works to be designated electrical works. The Minister can do this by regulation.

This goes back to the fundamental argument, the gripe I have had for a long time. I presume it is intended that the regulations will be laid before the House, but there will be no debate in the House and the general wisdom that will determine what those regulations might be will come not from the Opposition or the House, it will come from the Minister by virtue of his regulations. This matter was raised previously by Deputy Ryan. The Minister says it is implied. If he ever goes to court and tells the judge that something was implied, he could have a problem. Perhaps he will look again at that amendment and take into account what Deputy Ryan said on previous amendments in regard to the designated electrical works. This is one way of clarifying one aspect of the matter and it might be to the benefit of all concerned.

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