Phil Hogan (Carlow-Kilkenny, Fine Gael) | Oireachtas source

I fully understand Senator Norris's position with regard to the wording of this section. It has been a relatively standard provision in this type of legislation for almost 100 years. It is designed as a very seldom-used provision to provide a mechanism for dealing with any unforeseen difficulty that might arise in the short term with the implementation of this type of administrative legislation. The Local Government Reform Bill will give effect to a number of structures, functions and new means of governance. It involves significant amendments of the existing local government code. Much of the change goes back to 1898. In order to ensure that there is no unintended consequence, this is the type of mechanism we use. The use of this provision is subject to a number of restrictions. As Senator Norris pointed out, it requires the positive resolution of both Houses of the Oireachtas - a worthwhile provision; it is time-bound at three years; the making of regulations under this provision would be subject to the most rigorous supervision by the Attorney General. It is a triple-lock against any Minister who might try to engage in some nefarious practice in the future. I am satisfied that the provision is necessary to deal with unintended consequences that may arise in the implementation of the legislation but it does not change the spirit of the legislation. It is merely to implement what is intended in the legislation. It is in line with practice elsewhere and is limited in its scope to avoid any unintended use. For that reason I cannot accept the amendment.