Mark Daly (Fianna Fail) | Oireachtas source

It is a drafting issue. The intention is "shall" and "may" allows for cover for the Department if it is not done. If no regulations are put in place anybody in the press can say the Department is not obliged to do it, which it is not under the legislation.

Our job here is not about the Minister or the officials but the process. According to the process if a Department under legislation shall do something then it must be done. There are consequences. I take into account that regulations form part of all legislation and they are very important because we cannot deal with minute detail in the primary legislation. Perhaps the Minister will examine it once more and explain to the other House that this is the kernel of the issue. What I look for in something like this is that the Department must do it. Delays can happen. A question might be sent to the Attorney General before the summer but then another piece of legislation might come before the Department to which the Minister's energy and that of everybody else would be turned. This is the difference. Of all the lines in the legislation, and I thank the Minister for bringing it forward, this is the one with which we have an issue. This is the kernel of it. We will not press it to a vote but it is about requiring the Department to ensure if, God forbid, the Minister was not in office in five months time because he was promoted to Tánaiste and leader of the party at least his successor, the Department and the system would be required to ensure the regulations which the Minister wants in place shall be put in place.