Noel Treacy (Galway East, Fianna Fail)

I introduced amendment No. 3 on Committee Stage in the Dáil to provide for a standard 21-day scrutiny procedure for statutory instruments, made pursuant to the provisions of section 2 of this Bill, which create indictable offences. I was aware from comments made in the Seanad and on Second Stage in the Dáil that some Members had genuine concerns about the role of the Oireachtas in the new powers provided for in this Bill. Such concerns first became evident in the Seanad in early December. I said then, and again at the conclusion of the Second Stage debate in the Dáil, that I would consider reasonable suggestions about how the involvement of the Oireachtas in EU-related secondary legislation could be enhanced. I agreed to introduce this amendment after consulting the Office of the Attorney General and my Government colleagues.

The new procedure will require Ministers to lay statutory instruments which will create indictable offences before the Houses of the Oireachtas. The statutory instruments, which will have immediate effect, will continue in force unless either House of the Oireachtas passes a resolution within 21 sitting days of their being laid stating that they should be annulled. The instruments, which will be published in Iris Oifigiúil, will be laid simultaneously before both Houses of the Oireachtas. The titles of the statutory instruments will be placed on the Order Paper of each House in English and Irish on the first sitting day after they have been received in the Oireachtas. Under that system of notification, which will ensure that Members of the Oireachtas are alerted to the fact that a statutory instrument is available for inspection, the length of time for which the instrument is being laid will be clearly set out. As Senators are aware, statutory instruments made pursuant to section 2 of this Bill will be laid for 21 sitting days. Members will be able to propose an annulling motion within that 21-day period. If such a motion is passed, the statutory instrument will be annulled. If no such motion is presented, the statutory instrument will remain in force. Departments will be responsible for forwarding copies of each statutory instrument to the sectoral Oireachtas committee that deals with the issue covered by the regulation. There will be two parallel procedures. This new procedure draws on the standard method of laying statutory instruments before the Houses of the Oireachtas. It provides equal scope for scrutiny by the Dáil and the Seanad.

I am aware most Senators have a special interest in European affairs. They will have every opportunity to scrutinise the actions of the Executive in cases in which indictable offences are created using statutory instruments made under section 2 of the Bill. This amendment responds to the key point made about Oireachtas scrutiny during the debate on this Bill in both Houses. It will give the Oireachtas an opportunity to have a final say when serious offences are created for the purpose of implementing European Community law under the European Communities Act 1972, as amended by the Bill before the House. Accordingly, Members of the Oireachtas will have new scrutiny powers when the Bill is signed into law, as a result of this amendment. When considered with the existing power to scrutinise European Community measures under the European Union (Scrutiny) Act 2002, our scrutiny arrangements compare well with European best practice in this area.

I emphasise that normal parliamentary options remain available. Members can challenge ministerial actions through parliamentary questions and Adjournment debates. The lawfulness of statutory instruments is ultimately open to challenge in the courts, in line with the process of open and accountable democracy that is governed by the rule of law. As I said on Committee Stage in the Dáil, it may be time to examine the way in which the European Union (Scrutiny) Act 2002, which has been in place for five years, has operated. I assure the House I will be open to undertaking such a review in the new parliamentary session. I am hopeful we will all be here to revisit this matter — is é sin ár nguí.