Dick Roche (Wicklow, Fianna Fail)

The amendments propose the addition of the words "or enactment" after the word "instrument" in four places in the section. My advice is that it is not necessary to apply this provision to primary legislation. When the Deputy drafted his amendments he may have had statutory instruments in mind. Unlike statutory instruments, which may be linked to specific EU directives, primary legislation stands alone and survives the repeal of any EU directive which it was enacted to implement. Accordingly, primary legislation enacted to give effect to repealed directives can be availed of to implement the codifying directive it replaces. That is the formal explanation. It is not necessary to apply this provision to primary legislation.

See this speech in context