Joe O'Toole (Independent)

It is a rare occasion on which I agree with Senator Walsh but we agree this time. I see the Minister of State's advisers smiling but I hate the phrase "on such a day as the Minister may so appoint." I am of the old school and believe an Act should come into operation when it is passed by the Oireachtas and signed by the President. A Minister should not have any further function in signing off other than indicating that it would start immediately. I have seen too many pieces of legislation that have not been initiated immediately on their passing.

In the Honohan report there are several pages dealing with a section of the Companies (Auditing and Accounting) Act 2003, which concerns directors' compliance statements. Honohan made the point that although this was a watered down measure, if it had been implemented it may have saved us much hardship. It was never implemented because the Minister decided not to pursue the point. I support completely the point made by Senator Walsh and I know that will also be the view of my colleague, Senator Quinn. The words are before us but there should be an absolute guarantee that as soon as the legislation is signed by the President, it should come into operation.

The phrase is "entered into after such day as the Minister may by order appoint." Does the ministerial order commence the entire Act or does it relate to a section? Will a statutory instrument apply? What is the process by which the legislation will be applied? I know my colleague, Senator Quinn, will ask if the Bill will be operational when it is passed. Those in the world at large believe that when legislation is passed, it becomes law, but we know in here that this is not the case. Legislation is passed but we must wait for a Minister to fire the starting gun. We must be absolutely sure that this legislation will come into operation immediately.

I know Senator Quinn supports this point. We must consider how to know when the Bill becomes effective. Will it involve a ministerial order or statutory instrument? Will it involve a decision announced by the Minister and must it comply with certain regulations? One of the options is to bring the Houses into the process but what will happen to bring about commencement?