Seanad debates

Wednesday, 9 December 2015

Finance Bill 2015: Committee Stage

 

10:30 am

Photo of Darragh O'BrienDarragh O'Brien (Fianna Fail) | Oireachtas source

I appreciate that but this highlights the issue of how we deal with EU guidelines. While I do not question the fact that the issue was raised by the Commission and it has sent guidelines to the Department, in legal effect guidelines are guidelines. They do not derive from an EU directive. Who made the decision in the Department? I acknowledge that this is a niche issue, which will not affect a vast number of people overnight. It appears there has been no scrutiny of this and if had not been brought to the attention of Senator Quinn, myself and a few others by an Irish company, we would not have known about it. Perhaps that is also down to us. More than 80% of our laws emanate from Europe and the scrutiny of EU legislation and directives is a broader issue. What is the difference between a Commission guideline and a directive, and what we must do in respect of each? Must the Government follow a guideline?

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