Dáil debates

Wednesday, 25 February 2009

Financial Emergency Measures in the Public Interest Bill 2009: Committee Stage (Resumed) and Remaining Stages

 

9:00 pm

Photo of Richard BrutonRichard Bruton (Dublin North Central, Fine Gael)

I move amendment No. 26:

In page 9, between lines 45 and 46, to insert the following subsections:

"(2) Any regulation made under subsection (1) shall be approved by both Houses of the Oireachtas before it may take effect.

(3) Any regulation made under subsection (1) shall not take effect for a period of 45 days from its approval by both Houses of the Oireachtas and notice shall be served on each health professional affected by such regulation within 10 days of a resolution of the Houses of the Oireachtas under subsection (2).".

These are unusual provisions. As I understand it, what the Minister is proposing under section 9 is to give the Minister for Health and Children the power to implement a reduction in fees where contractual relationships are already established. The issue of whether these provisions are open to legal challenge will undoubtedly come up for consideration. One of the possible sources of challenge would be whether we are effectively delegating powers of the Oireachtas to Ministers to implement taxes, levies or whatever the Minister is calling them——

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