Aengus Ó Snodaigh (Dublin South Central, Sinn Fein) | Oireachtas source

I move amendment No. 43:

In page 48, line 25, to delete “may” and substitute “shall”.

The amendments in the group are similar. I will not press this one to a vote but the reason behind these amendments is to make it compulsory for the Minister for Transport, Tourism and Sport to carry out functions under section 5A.(2)(a) and (b), by replacing "may" with "shall". Section 5A.(1) provides that "the Minister may grant an exemption". Similar to an earlier amendment, the purpose of this amendment is not to hinder the Minister or prevent him or her from carrying out his or her duties. It is to try to ensure there is some type of democratic accountability beyond the passage of this legislation and that we have the assent of the Dáil to bring it back here at some stage. As I stated, I will not press the amendment. I am making the point that this Chamber is where laws are made and passed. This is an exceptional situation and the passage of this legislation through the Houses of the Oireachtas gives Ministers many additional powers contingent on it being in the best interests of the country to do so and that we take at face value the commitments that are being given because we know the urgency involved and the difficulty we are facing. In cases where the Minister makes the order, he or she should revert to the Dáil to obtain its assent. These are not the orders that will automatically kick in but will apply in certain contingencies.

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