Pat Gallagher (Donegal South West, Fianna Fail)

I have taken advice on this since it was debated at length with Senator O'Meara on Committee Stage. My advice is that it is a matter for the relevant authority to decide whether there is a need to make by-laws under section 4 of the Bill. The making of by-laws is a lengthy process involving public consultation of at least one month and should only be undertaken if there is clear need.

Given the many important tasks which the relevant authorities must undertake, it would clearly be a waste of effort and resources to require them needlessly to make such laws. I am satisfied that any authority needing to make such by-laws has full powers to do so under section 4. This is a clear advance over the current position for all such authorities. If one examines the current position, local authorities can only make by-laws with regard to property they own, while under this Bill, they can go much further. It may not be necessary for certain local authorities to make by-laws whereas if we accept the amendment and delete "may" and substitute "shall", there would be an onus on local authorities to make by-laws which could be unnecessary.

Regarding amendment No. 8, the words "regulating" or "controlling the operation of craft" are essential policies and principles limits for any by-laws to be made under section 4. This is fully in accordance with the constitutional provisions for secondary legislation. The sole purpose of section 4 is to allow relevant authorities to make by-laws to regulate or control the operation of certain craft and other related activities. I am advised that section 4 should not be open-ended. The Oireachtas is responsible for primary legislation. Secondary legislation, whether it be introduced by the Minister by way of an order, must be within the framework of the primary legislation. We must state reasonably clearly what local authorities can do within principles and policy parameters.

I am advised that if this amendment No. 9 was accepted, it would not be in accordance with the constitutional provisions for secondary legislation. As I said earlier, the Oireachtas has responsibility for primary legislation, set out in the principles and policies limits within which secondary legislation may be made. I am advised there can be no question of open-ended powers for relevant local authorities to make by-laws at will. I reflected earlier that if I thought any amendments would improve the Bill, I would be happy to accept them. I am advised that this amendment would not improve the Bill.