Simon Harris (Wicklow, Fine Gael) | Oireachtas source

We rely on the advice of the Attorney General who has assured me that it is constitutional. I assure the Deputy that this approach and the drafting of the legislation have been fully guided by the Office of the Attorney General and the Office of the Parliamentary Counsel in providing enabling legislation in the first instance, with the detail to be provided in regulations. We should remind ourselves why we are doing this. We intend to do no more than maintain the status quoand ensure the Minister of the day will be able to continue that which is in place today. It is about maintaining the status quo, hoping we will never need to use this legislation but ensuring we can if we have to do so in the case of a no-deal Brexit.

I have considered the specific amendments very carefully. I take very seriously the point made by Deputy Donnelly and the rationale he outlined in putting forward his proposal. It is interesting in some ways that he suggests to the House that the requirement in the legislation is too onerous. I have heard clearly why he believes that to be the case. On the other hand, I also accept the sincerity of Deputy Cullinane who suggests for good reasons that it might be better to create more stringent provisions in providing an oversight role for the Dáil. That convinces me somewhat that the balance we are striking is right. The balance is to ensure the provisions are as robust as is necessary without accidentally putting obstacles in place. While I accept fully that this is not Deputy Cullinane's position, let us just say-----

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