Thomas Byrne (Fianna Fail) | Oireachtas source

The procedure initiated by Senator Daly is the only avenue open to the Seanad and the Dáil to do anything with these regulations. There is no other avenue, aside from the inherent powers of the Oireachtas to legislate. No other statutory avenue to do this is written down. The Senator has adopted the correct procedure.

It is interesting to note that the Minister implemented the directive by regulations on the very last possible day for him to do so. This was a rush job by the Minister at the very end. The directive mandates that it be brought into force in the member states by 27 August 2012. That was the date on which the Minister signed them. The way the Minister has done the job, by signing the regulations on the last day, must cause us to withdraw our confidence from them. He has signed this into law by virtue of section 3 of the European Communities Act 1972, section 4 of which provides for the annulment procedure.

For the reasons given, Senator Daly's motion and the motions before the House signed by Senators Darragh O'Brien and Quinn must be supported. We believe this regulation is flawed. Senator Daly has received the support of the Irish Kidney Association in taking this step.

It is shameful that extracts from the Attorney General's advice were circulated by the Government Chief Whip in a political fashion. Legal advice is not political and should not be used for political purposes. I imagine the lawyers in there are very upset that extracts from the advice have been sent around.