Alan Shatter (Dublin South, Fine Gael)

I wish to return to section 5(1) and the issues I previously raised with the Minister. It is an extremely odd section in terms of how it is phrased. It states:

The Minister may, in respect of any difficulty that arises in the operation of this Act during the period of 2 years beginning on the relevant date, make regulations to do anything that appears necessary or expedient for bringing this Act into operation.

It seems the Minister assumes the Act will come into operation immediately.

For this section to actually work, the final wording should read "to achieve the objectives of the Act". In the context of the breadth of powers the Minister is giving himself, it is extraordinary that a contradiction is built into this. The Act will already be in operation but then something additional must be done to bring it into operation. There is a technical problem with the way that section is phrased. I suggest that the Minister look at it between now and Report Stage. A very minor amendment is required.

Section 5(2) seems to create the possibility that the Minister could amend the Act by way of regulations. I refer to the breadth of the powers contained in that section. I have already raised certain constitutional issues with the Minister and heard his response to what I said. I still believe there is a difficulty, although the Minister indicated that difficulty does not arise because he will not make a statutory instrument. However, he will introduce a scheme and can impose particular conditions on banks. We raised this before in regard to section 6.

Under section 5, the Minister is also giving himself substantial discretions. He referred to section 6 previously. What constitutional advice has he received about section 5(1) and (2)?

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