Tommy Broughan (Dublin North East, Labour)

I move amendment No. 48:

In page 22, to delete lines 24 and 25.

This is the meat of the Bill, relating to the Minister's power. Many people are nervous about the Minister creating offences triable on indictment. It has arisen in other regulations. This appeared in the European Communities Bill and concerns special powers enabling the Minister to make regulations to give effect to European Community instruments relating to communications matters. In recent years, when we were in opposition and the Minister was in the Department, we had much difficulty with European legislation. The Vincent Browne v Attorney General case is one example. There is concern that the Minister can create a serious offence by ministerial diktat and for that reason my party opposed the European Communities Bill. The Labour Party believes serious offences should be created by the Oireachtas, as it will do tomorrow in the Criminal Justice Bill. The Minister will also have the power to create offences punishable by fines of up to €4 million.

Either the Minister or the Minister of State spoke on the Bill in the Seanad and stated that there would be a 21 day period of scrutiny by the Oireachtas after any regulation the Minister introduces. This would take place after the regulations are made and would be of less value than Oireachtas approval before the law was changed. This is not the way to legislate under the Constitution. The Labour Party has a problem with this European legislation and this section compounds the problem.

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