Dáil debates

Wednesday, 2 June 2010

Merchant Shipping Bill 2009: Report Stage (Resumed) and Final Stage

 

12:00 pm

Photo of Noel DempseyNoel Dempsey (Meath West, Fianna Fail)

The amendment proposes that the approval of the Houses of the Oireachtas be obtained after representations have been received under the consultation process on reduced mobility regulations and before the regulations are made. It is not normal practice to have to obtain approval prior to the making of regulations and I do not propose to introduce such a requirement in this legislation.

Section 17(13) already imposes a requirement for the mandatory publication of a draft of any proposed reduced mobility regulations to afford any person, including an Oireachtas committee, an opportunity to make written representations on the draft regulations. The provisions for prior consultation are adequate and Members have an opportunity to engage in the consultation process. It would be perfectly in order for the Committee on Transport to discuss the regulations and make suggestions on them once they are published.

On amendment No. 87, section 18(1) on codes of practice for reduced mobility provides that the Minister may prepare and publish codes of practice or approved codes of practice following consultations as he or she considers relevant. While I anticipate that the Committee on Transport will seek to be involved in this process, this does not need to be expressly stated. Under section 18(1), the Minister may engage in consultations with such persons as he or she considers relevant. Clearly Ministers will not disagree with the notion that the Committee on Transport is a relevant body for this purpose.

I am providing, in amendment No. 88, that a committee of one or both Houses of the Oireachtas be consulted on the draft code of practice prior to its publication. This step has been taken following our previous discussion of this matter. It is open to the Houses and the Committee on Transport to engage fully in the consultation process before regulations are finalised.

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