Dermot Ahern (Louth, Fianna Fail)

I move amendment No. 1:

In page 20, to delete lines 21 to 40 and substitute the following:

"(2) A regulation under subsection (1) shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which that House has sat after the regulation is laid before it, the regulation is annulled accordingly, but without prejudice to the validity of anything previously done under it.

(3)(a) If in any respect any difficulty arises during the period of 5 years from the commencement of any provision of this Act (including a provision that amends another Act), either in bringing into operation or in giving full effect to the provision or the Act as amended, the Minister may by regulations do anything which appears to be necessary or expedient for removing that difficulty.

(b) In paragraph (a) a reference to another Act is a reference to an Act falling within either paragraph (a) or (b) of the definition of "Act" in section 2(1) of the Act of 2005.

(4) Regulations under subsection (3) may, in so far only as it may appear necessary for the removal of such difficulty, modify a provision referred to in that subsection provided such modification is in conformity with the purposes, principles and spirit of this Act.

(5) Where the Minister proposes to make regulations under subsection (3)—

(a) he or she shall, before doing so, consult with such other (if any) Minister of the Government as the Minister considers appropriate having regard to the functions of that other Minister of the Government in relation to the proposed regulations, and

(b) he or she shall cause a draft of the regulations to be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving of the draft has been passed by each such House.

(6) A regulation under this section may contain such consequential, supplementary and ancillary provisions as the Minister considers necessary or expedient.".

This amendment responds to an issue raised by Deputy Tuffy on Committee Stage discussions on section 5. I indicated I would look at it and ask the Attorney General about it. Amendment No. 1 is the outcome of those discussions.

It provides for a new subsection (3) for the making of regulations during a five-year period following commencement to remove any difficulty encountered in bringing a provision of the Act into effect. It may do so, however, only on condition that any modification is in conformity with the purposes, principles and the spirit of the Act and that a draft of any such regulation shall be laid before both Houses of the Oireachtas in advance and shall not be made until a resolution approving of the draft has been passed by both Houses.

I believe that will take care of what Deputy Tuffy was endeavouring to do and that it answers Deputy Charles Flanagan's point.

See this speech in context