Colette Kelleher (Independent) | Oireachtas source

I move amendment No. 36:

In page 73, after line 35, to insert the following:“Review of operation of Act

99. (1) (a) The Minister for Foreign Affairs and Trade shall, not later than 12 months after the commencement of any part of this Act, carry out a review of the operation of this Act.

(b) The Minister for Health shall, not later than 12 months after the coming into operation of any section of Part 2, carry out a review of the operation of that Part.

(c) The Minister for Business, Enterprise and Innovation shall not later than 12 months after the coming into operation of any section of Part 3, carry out a review of the operation of that Part.

(d) The Minister for Communications, Climate Action and Environment shall, not later than 12 months after the coming into operation of any section of Part 4, carry out a review of the operation of that Part.

(e) The Minister for Education and Skills shall, not later than 12 months after the coming into operation of any section of Part 5, carry out a review of the operation of that Part.

(f) The Minister for Finance shall, not later than 12 months after the coming into operation of any section of Parts 6, 7 or 8, carry out a review of the operation of that Part.

(g) The Minister for Transport, Tourism and Sport shall, not later than 12 months after the coming into operation of any section of Parts 9 or 10, carry out a review of the operation of that Part.

(h) The Minister for Employment Affairs and Social Protection shall, not later than 12 months after the coming into operation of any section of Parts 11 or 12, carry out a review of the operation of that Part.

(i) The Minister for Justice and Equality shall, not later than 12 months after the coming into operation of any section of Parts 13 or 14, carry out a review of the operation of that Part.

(2) The Minister for Foreign Affairs and Trade shall, not later than 6 months after the commencement of the review carried out in accordance with subsection (1)(a), make a report to each House of the Oireachtas of the findings made on the review and of the conclusions drawn from the findings.

(3) The Ministers referred to in paragraphs (b) to (i) of subsection (1) shall, not later than 6 months after the commencement of the review, make a report to each House of the Oireachtas of the findings made on the review and of the conclusions drawn from the findings.”.

I thank the Tánaiste for being in the Chamber today. I recognise the diplomatic efforts he and his Department are undertaking as the Brexit process draws to a conclusion, if that is even the case. It is hard to see any conclusion emerging but we are doing our bit. The Tánaiste's leadership has been very much in evidence. I thank him for his work, which is very much appreciated by all Senators.

The comprehensive and extensive nature of the legislation before us today reflects the seriousness with which our preparations for a potential no-deal Brexit have been taken by Government. I lived in the UK for 17 years and I look on in horror and despair at what is happening there. I hope some sense returns to the body politic in Westminster where so much good work was done in the time I lived in Britain. That is not, however, what we are dealing with today.

I thank the Tánaiste for his engagement on this important amendment, in particular with my colleague, Senator Higgins, who is abroad on business and for whom I am a very poor substitute today. The Tánaiste recognises that this is extraordinary emergency legislation preparing for a major geopolitical event outside of our control and one which will have a wide-ranging impact on the lives of a great many people in this country, potentially for generations. Its substantial 98 sections amend a total of 37 other Acts across a wide range of policy areas and the remits of nine different Ministers and Departments.

In addition to the amendments to primary legislation, a number of the provisions of the Bill give wide-ranging powers to Ministers - this is at the heart of this amendment - to issue regulations and statutory instruments to respond to a potentially chaotic no-deal Brexit in which quick and decisive action may need to be taken and for which statutory flexibility may be required to respond dynamically to the consequences of such an exit as they arise. Owing to the wide-ranging number of policy areas in which the European Union has competency over member states’ affairs, it is not surprising that such substantial amendments and regulatory powers have been included in the Bill. We believe, however, that the significant changes that will arise as a result of the Bill will need to be subject to a higher than usual level of parliamentary scrutiny and review. This is the motivation for tabling amendment No. 36. The amendment requires that within 12 months of the enactment of the legislation, the Minister for Foreign Affairs and Trade would conduct a review of the Act as a whole and that each Minister with competency for provisions of this omnibus Bill would review the provisions relating to his or her remit. The results of these reviews and conclusions drawn from them would then be laid before the Oireachtas within six months. We need to ensure the provisions of the Bill are working as intended and Ministers are using appropriately the regulatory powers extended to them if the Bill is enacted.

While I recognise that Dáil and Seanad Standing Orders already provide for post-enactment scrutiny reports, we want to ensure the post-enactment process for this legislation is as comprehensive and robust as the scrutiny its provisions have received since publication. I welcome that most relevant Oireachtas committees have met specifically to interrogate the Bill's provisions in light of the tight time constraints. We want the post-enactment process to be just as detailed and conducted sector by sector and Department by Department, rather than by a single Minister. While the legislation may be led by the Department of Foreign Affairs and Trade, the Minister may not be able to give a proper account of how, for example, the student grant arrangements in Part 5 of the Bill are working out, or if the social welfare or insolvency provisions in Parts 11 and 12 are working. This is the main motivation for the amendment.

The amendment would simply place on a statutory footing the requirement to have a sector by sector review conducted by the most appropriate Minister. It would put in place clear time constraints and oversight mechanisms for the wide-ranging provisions of this crucial legislation and the resulting secondary legislation and statutory instruments. It is a reasonable request, one that is fair and proportionate to the extraordinary nature of this emergency legislation. I hope the Tánaiste can accept the amendment.