Dick Roche (Wicklow, Fianna Fail)

Under the treaties as they are established, the basic differentiation between legal instruments is that a regulation is applicable universally and directly from the time of origin while in regard to a directive, it is the effect that the community wishes to have implemented. It is a matter for each member state to decide on the legal instrument. While there is flexibility with regard to the legal instrument, there is none with regard to the outcome which is required under the terms of the directive. This arrangement was introduced in the original Treaty of Rome, even though the Community of Six was far more homogenous than one of 30. A directive helps to harmonise law in the sense that similar legal statutes come through the various member states, but the choice of instrument to give effect to the wishes of the directive is a matter for the member state concerned. It would be interesting for the Seanad to engage in a debate on this issue.