Seán Fleming (Laois-Offaly, Fianna Fail) | Oireachtas source

I am trying to multi-task.

The substantive amendment on sick leave runs to approximately six pages and I had to go through that to find the single paragraph which is different in the Minister's substitute amendment from the Minister's amendment on the green list. It inserts a new subsection (9) which deals with making the regulations. I had tabled an amendment providing that these matters should be dealt with by regulation, and the Minister agrees with that principle. I am happy with that. I prefer that this be copper-fastened by way of secondary legislation than by way of circular, and the Minister and I agree on that. The inevitable consequence is that it will delay it by a couple of months, but it is better to have it on a sure footing in any event.

We are discussing four amendments. No. 1 relates to the Title, and I have no comment to make on that. Amendment No. 16 is the substantive amendment and we are also discussing amendments Nos. 2 and 3 to the substitute amendment, which are the amendments I tabled to call for this to be done by way of regulation. The Minister is doing that, so there is no need for me to say anything on my amendments in this group. I will return to the Minister's amendment.

The difference between what is contained in subsection (9) in amendment No. 16 and my amendment relating to the statutory instrument is in the final phrase, which the Minister might explain. He agrees that each regulation under the section should be laid before the Houses, and the subsection continues with the standard provision that the regulation will come into force unless there is a resolution of the Houses to annul it. If that were to happen, which would be unique, the provision continues "but without prejudice to the validity of anything previously done thereunder".

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