Brian Hayes (Dublin South West, Fine Gael)

The Deputy has made a valid point. This is a standard procedure and I refer to my experience of this issue from the other side of the House where the Deputy now sits. It was somewhat frustrating over the years that where a regulation was set out by a Minister and put on the Order Paper, it effectively came into effect within the aforementioned 21 day period. Moreover, as the Deputy rightly noted, the 21 day period is when the House is sitting. Consequently, in the case of an important regulation that requires some parliamentary scrutiny, it can be dreadfully frustrating if the House is not sitting and hence cannot provide itself with an opportunity to debate the measure. I do not perceive any difficulty with the Deputy's suggestion that regulations should come to the attention of the relevant committee as a matter of course. When the committees are up and running, I do not see a difficulty in the relevant committee seeking an opportunity to debate a Minister's proposals on regulations with him or her. Moreover, it probably would be good standard practice that detailed discussion should occur on Committee Stage rather than in plenary session of the House.

The amendment under discussion is a standard measure to the effect that the Houses are entitled to be aware of regulations Ministers may introduce and should be given an opportunity to debate them, if it is their wish. However, the regulations effectively come into law after the aforementioned 21 day period. I do not envisage any difficulty in the Deputy's suggestion, which effectively pertains to secondary legislation. It would be good standard practice for there to be a role for committees with regard to these measures, which may well be controversial. This issue can be considered, although I am uncertain whether legislation would be changed to so do. Nevertheless, as a policy it certainly would be a good thing, when the committees are up and running, that regulations would come before them. Moreover, where a committee believed that such regulations should be debated, this should happen. The Deputy referred to the joint committee with responsibility for European scrutiny and my understanding is it examines all the directives emanating from the European Union. Its members then decide whether to parcel out the measures to other committees, to debate them or simply to pass them without note. This should be a standard procedure in other committees and I agree with the Deputy's suggestion.

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