Feargal Quinn (Independent)

I support Senator Bradford's proposal. The questions of retrospection and validation of a statutory instrument are clear in this. I am opposed in principle to the effect of the statutory instruments being used. I know Senator Ormonde has already accused me of making a Second Stage speech on this matter. However, the truth is that ministerial orders are, in effect, invisible. They are stealth legislation and are not subject, in practice, to any scrutiny and rarely, if ever, raise themselves above the parapet and into public visibility. There is a place in the overall scheme of things for ministerial orders and statutory instruments, but we should be very careful about what we send into this realm because, in effect, what we are doing is giving up accountability and consigning the matter into the outer darkness of invisibility. Ministerial orders are very popular because, in my experience, many officials have a horror of getting involved in the legislative process and much prefer to do it when they only have an audience of one.

The net effect of this Bill as a whole will be to make it possible for a European legislative proposal to pass through the entire process, from conception until promulgation into law, without the benefit of any political input. Section 4 states that "Every statutory instrument made before the passing of this Act . . . shall, in so far as it purported to give such effect, have statutory effect as if it were an Act of the Oireachtas." It is the very principle of this which worries me because I believe what we are doing is incorrect. It will certainly be effective in making legislation work but it will not bring our citizens closer to the European Union. This is what we should be aiming to do at the same time. I support Senator Bradford in his effort to replace this section.