Josepha Madigan (Dublin Rathdown, Fine Gael) | Oireachtas source

Amendment No. 7 proposes to delete "may" and substitute "shall". On consideration of this amendment, and following advice received from the Office of the Attorney General, I cannot support this proposed amendment for the following reasons. The advice of the Attorney General is that the procedure in section 8 of the principal Act is cumulative, in that as Minister, before I can make an order I must consult with the director and obtain the consent of the Taoiseach, the Minister for Public Expenditure and Reform and other relevant members of the Government pursuant to paragraph (a), to be satisfied as the matters referred to in paragraph (b). If the word "shall" is placed in paragraph (b) this would lead to a confusion as to whether or not I as Minister must make an order if I am satisfied as to the matters referred to in paragraph (b), notwithstanding the conditions provided for in the previous paragraph, for example, consulting with the director of the National Archives and obtaining the consent of the Taoiseach, the Minister for Public Expenditure and Reform and other relevant members of the Government. Therefore, I cannot make such an order unless I have consulted with the director, received the consent of the relevant parties, and am satisfied as to the matters referred to in paragraph (b). I therefore cannot accept the amendment.