Noel Treacy (Galway East, Fianna Fail)

Indeed, usually on the day before they are published in the newspapers. Statutory instruments appear in the newspapers and Iris Oifigiúil on the same day. If a person is prosecuted under the statutory instrument, the latter must stand, in the first instance, the test of the court where the prosecution takes place. It must also stand the test of an appeal being taken from a lower to a higher court in respect of a particular matter.

Statutory instruments must face the same rigours as primary legislation. They must also stand the tests to which I refer and be cleared by the Attorney General and the Parliamentary Counsel. They are, therefore, subject to strong legal scrutiny. In addition, there is an obligation to ensure that a Minister taking a decision is doing so on behalf of the Government and the Oireachtas. On that basis, I deem that section 4 is critical to the sustainability of law and I ask the House to validate it.