David Norris (Independent) | Oireachtas source

Senator McDowell is right. While this kind of resolution is a little unusual, this legislation calls for such a resolution. The amendment states: "An order made under subsection (2)shall not have effect unless a resolution approving the order is passed by each House of the Oireachtas within 28 days of the making of the said order." The intention behind this, as I understand it, is to guarantee a degree of oversight by both Houses of the Oireachtas because statutory instruments are often passed on the nod. It happens on many days in this Seanad without discussion. This ensures that no such action shall be taken without the supervision and oversight of the Houses. The idea behind the amendment is to make absolutely certain that a ministerial order commencing any aspect of the legislation is subject to the passing of such a resolution by each House. This ensures that the commencement order cannot take effect until it has been affirmed by resolution of both the Dáil and the Seanad. Requiring the passing of a resolution in this way introduces a degree of oversight and supervision from both Houses of the Oireachtas into this situation. That we should be given a role in this process is a good, democratic principle for us to uphold here in Seanad Éireann. It is very important that not only Dáil Éireann but also Seanad Éireann should have a major role in this kind of matter.