Michael McNamara (Clare, Labour) | Oireachtas source

I understand I will then have the further possibility to conclude at the end. I thank the Minister and do not disagree with the purpose of this Bill, which is to amalgamate previous registers. I support that initiative and have so done from the outset. However, if one shall have access to something in accordance with regulations but there are no regulations, then one does not have access. Moreover, if one shall have access to something in accordance with regulations that are very prescriptive and narrow to the point where they are almost meaningless, then that is what one has. Rather than stating that people will be allowed to have access to this register through regulations, as I have argued from the outset, I seek a statement of principle - by which the Minister and any future Ministers will be bound - that the public will have access to it but of course it may be necessary for it to be restricted.

The Minister also mentioned the difficulty he would have, in that he cannot give access immediately to a register that has not yet been collated and put together. I completely accept this and it is no different to any other regulatory initiative, such as, for example, the Legal Services Regulation Bill. This is why commencement orders are available. The Minister can of course include a commencement order to satisfy that part of it. While I appreciate the inclusion of "A person shall have access", what if one was to appear before a foreign court and state there is a public registry in Ireland and therefore, the mortgage which is registered in Irish ships must be recognised by a Spanish court, for example? There is a considerable amount of shipping activity between Ireland and Spain in particular, because of fishing and so on. I am unsure whether one would be able to persuade a Spanish court that in effect, one had a publicly-accessible register as of right, because that is not what it is. It is stating there will be a register and that perhaps the Minister might make regulations and that, as it is put, "A person shall have access in accordance with regulations" to the register.

While I am conscious of the time, the Minister also stated he cannot be more prescriptive at this Stage. While I do not wish to be unkind, one might suggest the Minister should revert to this Legislature when he has more detail and is ready to tell Members what exactly he plans to do. Members have had experience of giving Ministers empowering legislation and to be told it would be all right on the day. This was done quite recently, approximately one year ago, with regard to Irish Water. I do not suggest this is a fiasco like Irish Water but Members have experiences of giving Ministerscarte blancheto do something only for it to not work out well. It is important that when Members vote on something, they should vote on certain principles and policies and that the Minister does not havecarte blancheto do whatever he or she wishes but is bound by certain principles and policies when making regulations. In this case, the principle and policy is the facilitation of public access.

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