Martin Cullen (Waterford, Fianna Fail)

In considering this amendment it might be helpful for Senators if I outline the background to the proposed new section 3B. Section 7 of the 1992 Act enables the Minister to amend the First Schedule to the Act, which contains details of the activities to be licensed and their thresholds. This can only be done, however, after positive resolution of both Houses. The new section 3B, therefore, is designed to bring a small and limited level of flexibility into the system. It empowers the Minister, in certain specified circumstances, to make regulations, should the need arise in future, to further amend the First Schedule to the Act of 1992 without a positive resolution of both Houses.

It is important that I set out these limited circumstances for the Senators. They are: in paragraph (a), the adoption of an Act by the European Communities that would render the operation of the Schedule and section 82 non-compliant with that Act – an EU requirement, which must be complied with in this regard, would, in any event, have already been subjected to the new Oireachtas scrutiny arrangements; and, in paragraph (b), the making of an amendment which would not involve any deviation from the principles or policies of the Schedule and section 82. Here we are talking about technical adjustments and corrections which must be consistent with the decisions of the Oireachtas as set out in the Schedule to the Bill, which we will consider later.

Section 3B gives the Minister a limited and reasonable power to amend the Schedule. All other cases of amendment would require a positive resolution of both Houses. I am advised by the Attorney General's office that the proposed section does not involve an unauthorised delegation of power to a Minister. It gives a reasonable level of flexibility and accordingly I do not propose to accept the amendment.