Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein) | Oireachtas source

I move amendment No. 26:

In page 8, line 2, after “Oireachtas” to insert “, and be notified to the Joint Committee on Health,”.

Regarding any change to the appropriate institutions list made by the Minister, the Bill, as presented, requires that such orders be laid before each House of the Oireachtas. The amendment seeks to have notification also sent to the Oireachtas Joint Committee on Health and Children. It would not require any specific performance, other than notification to the pertinent Oireachtas committee, in this instance, the Oireachtas Joint Committee on Health and Children.

The related amendment No. 29 seeks to do exactly the same in the case of regulations. Section 4(1) states:

(1) The Minister may by regulations provide--

(a) for any matter referred to in this Act as prescribed, or

(b) for any matter that appears to the Minister to be necessary or expedient for bringing this Act into operation.

Section 4(3) states: "Every regulation made by the Minister under this Act shall be laid before each House of the Oireachtas". We receive a listing of all matters laid before the Houses of the Oireachtas and I am willing to put up my hand and acknowledge that these can slip by our notice. It is important to ensure there is a further safeguard for those for whom it is a primary responsibility - the members of the appropriate Oireachtas committee. They should not only be laid before the Houses of the Oireachtas but notification should also be sent to the committee, which would be a second flagging of a specific order or regulation initiated by the Minister. It would not compel the members to take any particular course of action. We recognise that orders and regulations come into force following a period of 21 days after they have been laid before the Houses of the Oireachtas where there has not been a resolution presented seeking to annul such orders or regulations. It would not of itself compel any action on the part of members, but it would be a safety net regarding the giving of due notice that those members who are most concerned, those who are given the additional responsibility of informing themselves of matters pertaining to health and all health-related legislation, would at least have a further flagging of a particular order or regulation the Minister may introduce under the legislation. It is eminently sensible and would require nothing more than notifying the Oireachtas committee in each case. I ask the Minister to consider both amendments favourably.

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