Leo Varadkar (Dublin West, Fine Gael) | Oireachtas source

I am sorry that I may have misunderstood the intention of the amendment initially. Frankly, it is an attempt to make my life easier by allowing the Minister for Health to prohibit substances by declaration. The problem is that today's judgment does not allow that.

Today's judgment is clear. It states: "Therefore, for all the reasons stated in this judgment, the conclusion that s.2(2) of the 1977 Act purports to vest the Government with what, in the absence of appropriate principles and policies set out in the legislation itself, are in truth law making powers is, accordingly, unavoidable." It was struck down for this reason. We will have to bring in legislation that sets out the policies and principles by which any declaration, statutory instrument or order would be made. That is essentially why the section was struck down.

In January last, when I was sought approval for this emergency legislation to prepare for this eventuality, I also sought Government approval to draft the new legislation that is now required. Work has been under way over the past two months on the new legislation and I hope it will not take us too long. In the absence of laying down principles and procedures, the amendment would not be adequate.

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