Dáil debates

Wednesday, 12 May 2010

12:00 pm

Photo of Leo VaradkarLeo Varadkar (Dublin West, Fine Gael)

I wonder whether the Ceann Comhairle or the Taoiseach can help me with a matter. I tabled a number of priority and oral questions today to the Minister for Enterprise, Trade and Innovation. They were disallowed on the basis that, following a number of announcements, FÁS has now been transferred wholly to the purvey of the Minister for Education and Skills by ministerial order. I understand there will be primary legislation at a later date to transfer some of the functions to the Minster for Social Protection.

When I looked for this order, I could not find it. It was signed by the Taoiseach. It is called the Employment Programmes and Services and Skills Training (Transfer of Departmental Administration and Ministerial Functions) Order 2010. It is a statutory instrument. It does not have a number yet. I understand it was signed on 27 March and came into effect on 1 May. It was only lodged in the Oireachtas Library late last night. It has not been published in Iris Oifigiúil or the Order Paper and we cannot challenge it. I do not understand how legislation can be made in this way or how the Taoiseach can sign an order of great importance on 27 March, have it come into effect on 1 May and allow for a situation almost two weeks later whereby it is not on the Order Paper or in Iris Oifigiúil and only lodged in the Oireachtas Library last night. We are not in a position to challenge this legislation but it was introduced two weeks ago.

Essentially, we have Government by decree and legislation by regulation. This is no way to treat Parliament. Essentially, we have a situation in which Ministers can sign orders and have them come into effect before they are even laid before the House and before we can challenge them. I trust the Ceann Comhairle will not stand over this situation and I trust the Taoiseach will give some explanation as to why that is the case.

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