Averil Power (Independent) | Oireachtas source

Guidelines could be helpful. I understand that the Minister says the Attorney General would prefer to have a more specific three-part test because guidelines without tests are problematic under Article 15 of the Constitution, which states it is for the Oireachtas to set out principles and policies in legislation and the courts to decide within that. There needs to be more clarity. I accept that the existing wording in the Bill is too vague and that there is a need for a test for rationality, proportionality, conduct and other such things. That does not preclude guidelines; it simply means guidelines are not enough.

It would be useful for the legislation to contain a provision that would allow the Minister to supplement the test already set out in the legislation by providing guidelines clarifying issues that might arise. If issues arise which the stakeholders are not sure how to interpret such as those around ethos or conduct, as was the case with INTO as regards what was and was not covered by tests, the Minister would be able to issue supplementary guidelines at some point in the future. It would be in everyone's interest to have this additional clarity. I understand why a deeper test is required but guidelines as well would avoid having to revisit legislation in the future by allowing a future Minister to issue guidelines to assist with interpretation.