Pat Gallagher (Donegal South West, Fianna Fail)

I have difficulty in agreeing to this amendment giving local authorities the extra leeway suggested by Senator O'Meara. The amendment is too wide and somewhat vague for the Oireachtas. Under the Constitution we have responsibility for primary legislation and to decide the scope of by-laws that are made. It is necessary to set down in primary legislation the policies and principles to show the specific purpose for which by-laws may be made.

There can be no question of open-ended or carte blanche by-law making powers. The Supreme Court has ruled in past that the Oireachtas is responsible for primary legislation. While we can delegate to the local authorities to certain specific limits, these cannot be exceeded. If we were to go down the road of allowing for such matters as the opinion of the authority concerned we would be vulnerable as this would be too wide. We must stay within the framework of policies or principles. There must be a balance between local area control and national requirements. That is the advice I have received and I am not in a position to accept this amendment.