Denis Naughten (Longford-Roscommon, Fine Gael)
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Question 295: To ask the Minister for Community, Rural and Gaeltacht 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. [23135/05]

Éamon Ó Cuív (Galway West, Fianna Fail)
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While the cases were not referred to by the Deputy, it would appear that the question relates to the decision of the High Court in Vincent Browne v. the Attorney General and the Supreme Court in Thomas Kennedy v. the Attorney General and the Minister for Communications, Marine and Natural Resources. The Supreme Court decided that an EU regulation can only be transposed by regulations under a provision of an Act of the Oireachtas which specifically allows for the transposition of an EU regulation. I understand that the Attorney General will shortly be advising the Government on action to be taken to address the issues raised in these cases. I have not made any ministerial orders having the effect of creating an indictable offence.