Charles Flanagan (Laois, Fine Gael) | Oireachtas source

I move amendment No. 2:

In page 17, to delete lines 13 to 25 and substitute the following:“(2) Every regulation made under this Act, other than under section 50, 59 or 72, shall be laid before each House of the Oireachtas as soon as may be after it is made.

(3) Either House of the Oireachtas may, by a resolution passed within 21 sitting days after the day on which a regulation is laid before it under subsection (2), annul the regulation.

(4) The annulment of a regulation under subsection (3) takes effect immediately on the passing of the resolution concerned but does not affect the validity of anything done under the regulation before the passing of the resolution.

(5) Regulations may be made under section 50, 59 or 72 only if—

(a) a draft of the proposed regulations has been laid before each House of the Oireachtas, and

(b) a resolution approving the draft has been passed by each House.”.

Deputies will recall that section 6 was amended during Committee Stage proceedings. The section now requires that a resolution approving draft regulations under sections 50, 59 and 72 be passed by each House of the Oireachtas before the regulations can be made under the sections by the appropriate Minister. This excessively heavy procedure will give rise to some difficulties, especially where the making of urgent regulations is necessary, important and urgent. However, I do not propose its deletion from the Bill and accept the position agreed to on Committee Stage. Amendment No. 2 replaces the text of the Committee Stage amendment to bring it into line with the language of the Bill. The substance of the amendment is fully in line with the amendment introduced by the Opposition which was ultimately accepted by the select committee.

Arising from the existing reference in section 6 to section 72, there is no longer a need for subsection (7) of section 72 and amendment No. 85 will, accordingly, delete the subsection. For the same reason, there is no need to insert a similar subsection in sections 50 and 59, as proposed in amendments Nos. 62, 79 and 81. For this reason, I am unable to accept the amendments. I am sure I will have an opportunity to discuss the amendments in this group in the names of Deputies Clare Daly, Mick Wallace and Donnchadh Ó Laoghaire when they are moved.

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