Sean Barrett (Independent) | Oireachtas source

This is something we should reflect on seriously and we should, perhaps, come back to it on Report Stage. The explanatory memorandum says that section 4 removes the requirement for the Minister before making regulations to present them in draft form to be approved by the Houses of the Oireachtas. This is an important function all parliamentarians should think about. They should think about it in the context of page 35 of the Supreme Court decision which states, "The issue before this court is not the intention of the State or State bodies, but the intention of the Oireachtas as the Legislature." Therefore, the Oireachtas is invited by the Supreme Court to take control in this area.

I applaud the Minister on the reform he is trying to bring about. Everybody is concerned that we make the right decisions here. Therefore, a measure that alleviates or reduces in any way any obligation to present regulations for approval by both Houses of the Oireachtas is something any Member would balk at. I invite the Minister to reconsider whether this is a good idea. This Minister is a participatory Minister and I commend him for his attendance here so often and his involvement in robust debate here and outside of here. We have both participated in such debates before being in our current positions. The involvement of the Legislature is important, particularly since the Supreme Court has pointed that out. I do not see the point of this section as it does not further in any way what the Minister is attempting to do, with significant support from our benches. Is this section necessary and is it desirable?