Michael McNamara (Clare, Independent) | Oireachtas source

My problem with this Act and with this section is that it delegates the question of what a dwelling event is to secondary legislation. We are also delegating the punishment for contravention of the rules on dwelling events. I question that approach. It is not unusual to delegate powers to a Minister, but it is unusual to delegate powers that define a criminal offence. I am not aware of that ever happening although I am open to correction on that point. At the very least it is very unusual not to define a criminal offence in primary legislation, particularly when the offence takes place in a dwelling. Dwellings enjoy a constitutional protection, although not an absolute one by any means. That is one of my many problems with this Bill.

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