Bernard Durkan (Kildare North, Fine Gael)

I move amendment No. 5:

In page 9, line 8, after "Minister" to insert "and approved by the Oireachtas".

The amendment deals with a theme that is a favourite hobby horse of mine. It has governed my life since I was elected to the House. I have great pleasure, therefore, in speaking to the amendment. Unfortunately, we tend to presume there will be Oireachtas approval, on the basis of various developments that take place from time to time and European legislation, and to observe everything except the primacy of the Oireachtas. In a number of other parliaments throughout Europe and elsewhere there are circumstances where it is in order to have such procedures but in the case of a sovereign parliament it is always advisable to observe its primacy and provide that parliamentary approval is to be sought or given. Legislation passed through the House recently in respect of which there was a presumption that the House would agree related measures. However, in too many instances there is a presumption in the case of legislation and the application of the law. This creates a dangerous precedent.

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