Joe Costello (Dublin Central, Labour)

I do not think the Minister of State recognises the magnitude of what he is proposing and the extent to which it undermines normal parliamentary democracy. The Minister of State is doing this on the basis of expediency, suggesting too much time and too many resources would be taken up if we were to deal with the legislative matters coming through from the European Union in the way we deal with domestic matters. Do not forget that these matters apply equally to the citizen and the penalties can be very severe. The Minister of State, and the other Ministers, will be entitled to impose these penalties.

I would love the Minister of State to find a way out of the dilemma he faces but the manner in which he proposes to do so is not the correct way and the matter must be examined in a clearer fashion. Section 2 aims to grant ministerial powers to prosecute on indictment, which is incredible. This applies to indictable offences, not summary offences, and the penalty that can be imposed is up to three years in prison and a fine of €500,000. These are extraordinary powers to hand a Minister without scrutiny from the Oireachtas.

Section 3 is the core of the Bill, as the Minister of State said, and it states: "A power to make a statutory instrument conferred on a Minister by a provision of a statute may be exercised for the purpose of giving effect to a Europeanact. . ." That confers power on the Minister, to without caveat, introduce a statutory instrument to give effect to a European act. The power in question is not merely the power to transpose it as it comes from Europe. Under section 3(2) some heavy-duty powers are given to the Minister of State and the other line Ministers. It states: "A statutory instrument made for a purpose referred to in subsection (1) may contain such incidental, supplementary and consequential provisions as appear to the Minister of the Government making the statutory instrument to be necessary for the purposes of the statutory instrument". That includes "provisions repealing, amending or applying, with or without modification, other law", so this is a wider power.

The Minister of State will not merely have the power to transpose a directive from the European Union, he will have the power to amend it, change it, add to it or subtract from it. This is the power held solely by the Oireachtas, and not only is the Government seeking to take this power for itself but this Bill could have the effect of allowing a Minister to repeal, amend or modify other legislation. That is an extraordinary power for a Minister to have and I feel we should give this topic more time for debate.

This proposal should be extended and presented on a broader platform and I believe an all-party committee should be established in this regard. This matter should be debated in a public session of the National Forum on Europe and the Minister of State should make a full presentation there explaining the implications of the legislation with all the relevant information. That would allow the National Forum on Europe to return with its recommendations on the subject. If we do not go down that road we will be behaving in a manner totally opposed to our duty as legislators. The Minister of State may be able to rubber-stamp this into law through this Bill but it is totally at variance with our duties and responsibilities and the core values of what we stand for.

The people of this country will not thank us, and no one will thank the Minister of State, if in future there is a problem relating to a directive regarding a rubbish dump, sewage disposal, a marine issue or any agricultural statutory instrument that was transposed without coming before the House. As the Irish Creamery Milk Suppliers Association, ICMSA, pointed out among its concerns, penalties of up to three years in prison and a fine of up to €500,000 apply on indictment. Imagine if the Irish Farmers Association knew about this — I am sure the Minister of State did not send it a copy of the Bill.

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