Roderic O'Gorman (Dublin West, Green Party) | Oireachtas source

I would not entirely agree with Senator Bacik on the lack of detail in the Bill, particularly when we look at section 20A(1)(a) and 20A(1)(b) and the various criteria. There are eight criteria. Section 20A(4) contains more details on how the regulations will be shaped. I would not entirely agree with the Senator. We have put in quite a significant amount of detail in terms of what will be covered in these regulations. I accept and I take the bona fides of the Senator in terms of her desire to ensure there is a robust reporting requirement and that it is as broad and far-reaching as possible. This is an intention I share. I will be keeping this vision in mind when we design the regulations. Subsections (4) to (9), inclusive, of section 20A are drafted in such a way as to allow some degree of flexibility when drafting the regulations, should that be necessary.

As I have said, the regulations will need to be clear and specific. It is my intention that they will contain all of the information listed in subsections 20A (4) to (9), inclusive, unless an issue arises at the drafting stage that might need some degree of flexibility. It is for this purpose that we will provide for some degree of flexibility in terms of using the word "may" rather than "shall". In legislation and regulations as detailed as these will need to be, this degree of flexibility is important.

As I have said, the Bill provides for a flexible framework for the regulations. The policies and principles are clearly listed in the sections I outlined earlier. We want to avoid a situation where strictly adhering to the wording may cause confusion for those impacted by the regulations or create some degree of impossibility or another anomaly. By using the word "may" instead of "shall", we give the drafters of the regulations some degree of flexibility, which is within the context of the significant detail set out in the primary legislation in terms of what these regulations must encompass. The Senator has a subsequent amendment dealing with the issue of the website and we can perhaps discuss that later.