Derek McDowell (Labour)

Anybody listening to these deliberations would be at pains to understand what we are talking about.

When the Act was being drawn up in 1997, there were concerns about various detailed provisions in other Acts which limit the availability of information. The purpose in drawing up a Third Schedule to the Act at that stage was to draw up a list of enactments which effectively were automatically overridden by the Act.

The Minister is reluctant to reveal the legal advice which underpins his rejection of the amendment. That puts me in some considerable difficulty but there is no apparent reason why we should not look to update and extend that list of enactments as it seems appropriate to Ministers.

The Minister rightly points out that the power to review is vested in the Oireachtas, which is fair enough. However, he was also quick to point out last week that the ultimate power of decision-making was his, so it seems there is a contradiction. Therefore, it seems appropriate that the Minister should exercise his discretion and make his judgment to broaden the basis of the original Act by adding to the enactments in the Third Schedule.

Amendment, by leave, withdrawn.