Seanad debates

Wednesday, 20 November 2002

European Communities (Amendment) Bill, 2002: Second Stage.

 

In the area of justice and home affairs, some instruments, once adopted by the Council, require subsequent legislative implementation by member states. In preparing this legislation consideration was again given to whether provisions relating to JHA matters should be brought within the terms of the European Communities Act. Such an arrangement would allow for JHA legislation to be given domestic effect by regulation rather than by primary legislation. However, as was the case when the matter was last considered as part of the Treaty of Amsterdam, it was felt that these matters were of sufficient weight and sensitivity to merit implementation through primary, rather than secondary, legislation. Therefore, they are not included in this Bill and remain outside the scope of the European Communities Act. As Members will recall that this specific process of using 1973 legislation, to bring into effect by secondary legislation Acts of the European communities, was debated and criticised, what we have done here is a positive move which should be welcomed.

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