Josepha Madigan (Dublin Rathdown, Fine Gael) | Oireachtas source

I move amendment No. 2:

In page 4, lines 35 to 37, to delete all words from and including ", subject" in line 35 down to and including "for" in line 37.

I propose the deletion of the text inserted by an amendment on Committee Stage. While I appreciate the point made by Deputy Ó Cuív, I am advised by the Office of the Parliamentary Counsel that this text makes the primary legislation secondary to provisions in by-laws, which is unacceptable. The maximum dimensional criteria are specified in section 14 of the 1998 canal by-laws and the Office of Parliamentary Counsel advises that it is not correct to give a broad power in an Act, such as the power provided for here to regulate the type or class of boat or to restrict a certain type or class of boat at paragraph (d) at lines 1 and 2 on page 5, and then to curtail that power by making it subject to that which is specified in regulations or other secondary legislation. I thank the Deputy again for the many hours he has spent on this.

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