John McGuinness (Carlow-Kilkenny, Fianna Fail)

I move amendment No. 1:

In page 4, line 12, after "appropriate," to insert "having regard to the purposes of this Act,".

Deputy Penrose tabled an interesting amendment on Committee Stage that proposed the insertion of a new principles and policy section in the Bill setting out the general principles and policies with particular regard to the EU and other international organisations and any other general Government policies. At the time, I undertook to obtain the advice of the Attorney General's office on this proposal and to revert to it on Report Stage.

I assure the Deputy that I gave this suggestion serious consideration, but the advice received from the Attorney General's office did not support the inclusion of the new section. There is a well established principle in law that the State is bound by the European and international treaties and European legislation. It is not necessary, therefore, to reiterate this obligation in a new section. It is clear from the Long Title of the Bill, which sets out its intent and scope, that among its objectives are provisions for controls of arms brokering and technical assistance with reference to specific European legislation.

Regarding controls on exports of good and technology, we have agreed to impose restrictions in accordance with our commitment as a participating state in the international export control regimes. The Schedule of goods and technologies to be controlled by order reflects the control lists agreed within the regimes. I am satisfied, therefore, that we have the necessary connectivity between our EU and international obligations and the order making powers created by these sections. Furthermore, I have been advised that it is not the current practice of the Attorney General's office to include general principles and policy sections in new primary legislation.

For these reasons, I have concluded on balance that it would not be appropriate to accept Deputy Penrose's worthy proposal. However, I take on board the intent of his suggestion. For this reason, I have proposed the addition of text "having regard to the purposes of this Act" to each of the sections mentioned to clarify the reasons for making orders. I hope this provision will reassure the Deputy as to the scope of these order-making powers and that he will accordingly withdraw his amendment.

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