Seanad debates
Thursday, 24 November 2011
Water Services (Amendment) Bill 2011: Committee Stage (Resumed)
11:00 am
Denis O'Donovan (Fianna Fail)
However, sin scéal eile. I will stick to the amendments. One of the amendments relates to section 70A which provides that a person who contravenes a regulation made under this section commits an offence. I might be wrong but I wish to make a general point on this. I have a grave difficulty with taking a leap of faith on regulations in this regard. It might be commonplace but it is bad legislative practice to introduce legislation, be it primary and secondary, and then subsequently bring forward regulations. They might not necessarily be brought in by this Minister; there could be a change of Minister or a change of emphasis. If and when a regulation or series a regulations is introduced next year or the year after, and under this Bill they could be introduced in ten years, an offence can be committed under those regulations. I have difficulty with that.
The best experts in preparing legislation have sometimes got it wrong, although I am subject to correction. I support the point made by Senator Ó Domhnaill regarding the provision for regulations which in themselves will create criminal offences. The regulations are not available and Minister probably does not know what they are at present. They will be introduced by him or by a subsequent Minister. That is a dangerous precedent. It is like taking a leap of faith or playing a game of poker, and I did some of that when I was a student. It is like betting in the dark, and that is a dangerous policy.
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