Seanad debates
Wednesday, 19 November 2003
Stem Cell Research: Statements.
I have read the European Union (Scrutiny) Act 2002 since the Tánaiste and Minister for Enterprise, Trade and Employment's remarks at 2 p.m. It seems she has a difficulty in supporting this proposal on 27 November as it explicitly states in section 2(2) of the European Union (Scrutiny) Act 2002, that "the Minister shall have regard to any recommendation made to him or her from time to time by either or both Houses of the Oireachtas or by a committee of either or both Houses of the Oireachtas in relation to a proposed measure." There are two stipulations where she does not have to regard such a proposal, one is if the time limit makes it impossible for her to consult with either or both Houses of the Oireachtas or a committee, or if the information is confidential. On both of these counts that is not the case as the information has been in the public domain and we have had an adequate length of time to deliberate on the matter. The difficulty for the Government in supporting this measure on 27 November is that it is illegal. There is no legal standing to take that position where the express view, whether one agrees with it or not, of the committee on two separate occasions has been in the other direction. The Tánaiste and Minister for Enterprise, Trade and Employment should refer to that in her closing remarks as it is a central point. What is the point in having a legislative basis for scrutinising proposals like this if the Government will not then take into consideration the committee's decision? It is an important issue that the Tánaiste should resolve when she comes to make her concluding remarks.
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