Clare Daly (Dublin Fingal, Independent) | Oireachtas source

The situation remains a little confusing and we should be discussing the amendments collectively. On the Minister's point that the statutory instrument would not take precedence over EU regulation, legislation or whatever, the specific point is being made by referencing the statutory instrument in our primary legislation. We are giving it a legislative effect that would, in essence, negate the point. I do not know if that is an inaccurate interpretation of the point being made. The belief is that if it was just a statutory instrument, it would certainly not take precedence. That it is a statutory instrument which we will transpose into our primary legislation, however, will give it the primacy that could result in a delay when updating the regulations.

In the briefings that we agreed to have between Committee and Report Stages, we discussed how we could incorporate a consideration of the health impacts and how it would be mandated upon the new competent authority to take that into account based on the most up-to-date scientific information and WHO guidelines. While it is true that it will have that effect if we agree to the 2018 regulations, the problem is that there is a reference to the statutory instrument.

I am not sure if my interpretation is correct but, having listened to the Minister's answer, I am none the wiser.

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