Thomas Byrne (Meath East, Fianna Fail) | Oireachtas source

I thank Senator Higgins for her amendment and all the Senators for their contributions today on this Bill, which is not a normal one. The purpose is not for new significant policy initiatives but is to protect existing arrangements and rights. This is not about new rights or arrangements but is simply to keep what we can, insofar as we can, in the context of Brexit. The Bill protects citizens and consumers, facilitates the sound functioning of key sectors, ensures our businesses are not disadvantaged and supports the common travel area and North-South co-operation. It is not generally proposed to give delegated powers to a Minister to introduce legislation in new areas without recourse to the Oireachtas. It is instead about giving Ministers power to maintain existing service levels. The Attorney General has guided the approach and we are comfortable with it.

What the Senators are proposing is constructive and we are grateful both for their co-operation here today and for their constructive engagement on what would be post-enactment scrutiny, which is an important issue. I am not in a position to accept the proposed amendment. I agree with the purpose of the amendment and the intention behind it and the Government fully agrees that it is appropriate to reflect on and review the legislation in due time. However, rather than accept the amendment proposed, I am advised that our intention is to rely upon Dáil Standing Order 197 and Seanad Standing Order 168 which read separately but coincidentally as follows:

Twelve months following the enactment of a Bill, save in the case of the Finance Bill and the Appropriation Bill, the member of the Government or Minister of State who is officially responsible for implementation of the Act shall provide a report which shall review the functioning of the Act and which shall be laid in the Parliamentary Library.

In addition, Ministers are committed to ongoing engagement with relevant Oireachtas committees, and this has already happened, on any impacts of the measures in their parts of the Bill to address any unforeseen effects. For those reasons and while I understand what the Senators are putting forward, I cannot accept them. It is worth doing the reviews and I am saying they will be done.

Separately from that, it is also the case that issues will arise in the new year as Brexit happens, which may well bring us back into these Houses to make further changes or there may be issues that we have known about but will cause unexpected changes for citizens through no fault of anyone in these Houses or on this island but through the decision of parts of the United Kingdom to withdraw from the European Union. Unfortunately, I cannot accept the amendments but I certainly agree with the spirit of them and I expect they will, in effect, be complied with in any event.