Joe Costello (Dublin Central, Labour)

The first point I wish to make is that the Bill will be guillotined. The Supreme Court made the two landmark decisions to which the Minister referred, in 2003 and 2005, but it was not until June of last year that the Government decided to examine the matter and, as a result, the legislation must be dealt with as a matter of urgency. If it is so urgent, why have we been obliged to wait four years for action to be taken? Why, in the dying days of this Government's term of office, is a guillotine being applied in respect of a matter that is so important in the context of democracy and the European Union?

I must point out to the Minister of State that all power is being transferred to the Minister. He stated that such power will only be used where necessary. However, section 4(2) 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 (including provisions repealing, amending or applying, with or without modification, other law, exclusive of this Act, the Act of 1972 and the provision of the statute under which the statutory instrument is made).

The provision does not refer to such incidental, supplementary and consequential provisions as appear to the Minister, the Government and his or her advisers to be necessary. It refers, however, to "repealing, amending or applying, with or without modification, other law". It is, therefore, as all-encompassing an item of legislation as I have ever seen introduced in the House. The Minister will be able to do what is outlined in section 4(2) without reference to the procedures used to introduce and process legislation in the House. If the Minister of State tries to say that it does not do so, he should, as he quoted earlier in Latin, allow the legislation to speak for itself.

I am opposed to the Bill because I believe we should not do our business in this fashion. I am also opposed to it because it sends out a message to the Eurosceptics and everyone who has a bone to pick with the European Union that this House is transferring power to a Minister of the Government to legislate on behalf of Europe for this country and its citizens. The Minister of State indicated that the Minister is elected by the people, but that is not the case. The representatives in this House are elected, while Ministers are appointed. Members are elected to legislate but Ministers are not elected to legislate, they are appointed to be part of the process of legislating. The Bill before us will make the Minister the legislator and will give him full authority to usurp the functions of the Dáil and the Upper House. That is why we have raised these fundamental issues of democracy.

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