Denis Naughten (Longford-Roscommon, Fine Gael)
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Question 184: To ask the Minister for Finance the steps he has taken to ensure that his Department complies with the decisions of the High Court of 6 March 2002 and of the Supreme Court of 16 July 2003 that any ministerial order having the effect of creating an indictable offence is [i]ultra vires[/i]; if this decision has been upheld by his Department; and if he will make a statement on the matter. [23128/05]

Brian Cowen (Laois-Offaly, Fianna Fail)
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I assume the Deputy is referring to the decisions of the High Court and the Supreme Court, of the dates mentioned, in the case of Vincent Browne v the Attorney General. I understand that the parameters of the decision in the Browne case were considered by the Supreme Court in the subsequent case of Thomas Kennedy v the Attorney General, the Minister for the Marine and Natural Resources. The Supreme Court in its decision in that case of 31 May 2005 clarified the limits of its earlier decision in the Browne case.

The Attorney General will shortly advise the Government on action to be taken to address the issues raised in these cases. On receipt of this advice my Department will take any necessary action.