Shane Ross (Dublin Rathdown, Independent) | Oireachtas source

I do not propose to accept amendments Nos. 43 to 45, inclusive. I believe it is very clear why I cannot do so. The proposers of the motion fully understood that yesterday. I thank the Sinn Féin Members for what was a very reasonable debate, particularly when they were representing the communities in the Border area and describing the difficulties they face in respect of the green cards which will have to be carried if this happens. The proposed section 5A of the Road Transport Act 1978 is an enabling provision which gives the Minister power to make an order should it be required. These provisions were developed as a precautionary measure and may not be needed in the event of an orderly withdrawal or if alternative measures are agreed at EU level or in another international context. Having regard to international bus services, there are a number of scenarios under which it will not be necessary to make an order under the new section 5A. On this basis, it would not be appropriate to require the making of such an order by amending "may" to "shall". The amendment also proposes that an order under section 5A would need the assent of the Dáil. Secondary legislation involves the delegation of power from the Oireachtas, in this case to the Minister. Requiring Dáil assent would be unusual and is not necessary. On a more practical note, such an assent procedure would unnecessarily delay the making of such an order, which could lead to difficulties in the scenario which may need to be addressed by using these provisions, namely, that of a no-deal exit.

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