Alice-Mary Higgins (Independent) | Oireachtas source

I move amendment No. 5:

In page 12, between lines 5 and 6, to insert the following: “(5) The Minister shall, subject to subsection (7), before making regulations under subsection (1), publish a draft of the proposed regulations on a website maintained by or on behalf of the Department of Environment, Climate and Communications and allow a period of 30 days beginning on the day on which the draft is published during which persons may make written representations to the Minister in relation to the proposed regulations.

(6) The Minister may, having considered any representations received during the period specified in subsection (5), make the regulations with or without modification.

(7) Where the Minister is satisfied that regulations under subsection (1)are required urgently in order to prevent a serious imminent risk to the security of networks and services, to the health or safety of persons or to property, the Minister may make the regulations without complying withsubsection (5).”.

This is an attempt to place some limits on what I believe to be very sweeping powers under section 3. It duplicates the provisions from section 6, which have checks and balances on the regulation-making powers and this is the point I made earlier. Under section 6, for example, in the context of providers' obligations in respect of managing risk, the Minister will publish a draft of the regulations on a website. There is a 30-day period of consultation provided whereby people can make written representations, there is consideration of the representations and then a decision is made. That is a process and I have simply tried to apply the same process to any of the regulations that might be made under section 3.