Denis Naughten (Longford-Roscommon, Fine Gael)
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Question 267: To ask the Minister for Social and Family Affairs 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. [23133/05]

Séamus Brennan (Dublin South, Fianna Fail)
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The Social Welfare (Consolidation) Act 1993 sets out the circumstances in which an offence has been committed under the social welfare code, along with the associated penalties. In the main, these provisions are detailed in Chapter 4 of Part VI of that Act. The Minister does not have the power, under the provisions of the Act, to create an indictable offence by way of regulations.