Alan Shatter (Dublin South, Fine Gael)

——on the basis that it has been substantially disadvantaged in the market, that it has been discriminated against, that Article 43 of the Constitution has been violated and, more particularly in this instance, that any scheme the Minister makes goes so far beyond the powers of delegated legislation as to render the legislation invalid or ultra vires.

This is an important issue and it is directly relevant to Deputy Burton's amendment. I already stated I am not an enthusiast of her form of amendment, but I am an enthusiast of ensuring that if the Minister has given the correct advice, and if this legislation will solve the difficulties with which we are confronted, we have a duty to ensure it will not be immediately constitutionally challenged. Although I am not an enthusiast of the amendment, I believe it at least ensures that the scheme will be presented to the House and approved thereby before it comes into operation. This might help to regularise any constitutional infirmity that could arise.

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