Michael McCarthy (Labour)

I do not wish to labour this point, no pun intended, but we tabled this amendment because we do not believe regulation is a suitable way to deal with the types of serious offences mentioned. In other sections of the Bill the Minister wants to give himself the power to create offences incurring fines of up to €4 million. The rejection of the Nice treaty in the first referendum was an example of a lack of confidence in democratic systems. There was a major debate at the time about the hold of the EU on member states and the resulting obligations on us. There is a perception now that most of these issues are European and that people in Brussels and Strasbourg tell us what to do.

Both Houses of the Oireachtas are democratically elected and represent a fundamental aspect of democracy and any Minister who wishes to afford himself this kind of power should do so through these Houses. This Bill would bring about a major transfer of power from the Oireachtas to Ministers by allowing them to create indictable offences by regulation rather than through the introduction of legislation. At least there is wide-ranging debate on legislation through various stages, amendments and so on. If a power is effected as a result of legislation debated in both Houses then so be it. We fundamentally oppose what the Minister proposes in this Bill. I appeal to him to accept this amendment.