Michael McDowell (Independent) | Oireachtas source

Section 6D, which is to be inserted into the 1947 Act by this section of the proposed Bill, allows the Minister to make regulations "prescribing such one or more penal provisions as are specified in the regulations to be dwelling event provisions.". The proposed section 6E states, "In proceedings for an offence under this section consisting of a contravention of a dwelling event provision, it shall be presumed, unless the contrary is proved, that the occupier of the dwelling in respect of which the offence is alleged to have been committed was the event organiser.". I have made my point about an occupier and I will not repeat it but the effect of these sections is to allow the Minister, by regulation, to reverse the onus of proof in criminal proceedings as a matter of choice. That is an impermissible delegation of legislative power. As the Minister has designated the offence as such in a statutory instrument that has never been looked at by these Houses, the onus of proof would be reversed against people.There is a big constitutional issue there and I am not the only person who has said that. My colleague from the Bar, Deputy McNamara, has voiced this view as well. Just because this is emergency legislation the Constitution does not fly out the window.