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

I thank the Senator. We have had a debate on the "may" versus "shall" language on a number of occasions. In legislation there is a distinction between the use of the term "shall" and the use of the term "may". The use of "shall" in legislation creates a compulsion, often on a State body, to act in a certain way in certain circumstances. While this may seem like a good idea on the face of it, as legislators we also need to be mindful of the impact this may have on a State body and the management of its operations. We have engaged with the Office of the Parliamentary Counsel on whether the use of the term "may" or "shall" should be used in this legislation and I am satisfied that we have the right balance here. In certain circumstances, the word "shall" is used but in the guidelines we are discussing we believe the correct balancing has been achieved.

It is also important to recall that the Minister is given the power under this legislation to issue guidelines to the agencies, authorities and bodies that will be implementing this legislation. Those guidelines can also act to ensure that the agencies and bodies act in a certain way in furtherance of the overall goals of this legislation. We are not just relying on the text of the legislation itself; we are also relying on the power of the Minister to write guidelines for the operation of bodies and agencies.