Denis Naughten (Longford-Roscommon, Fine Gael)
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Question 336: To ask the Minister for Justice, Equality and Law Reform 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. [23137/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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The Office of the Attorney General is always consulted by my Department in the context of the preparation of legislation or indeed in assessing whether legislation is required. Advice is also sought and provided in relation to the terms of EU and international agreements, framework decisions and bilateral agreements in relation to mutual assistance. In so far as this particular case is concerned, I understand that the Attorney General will shortly be advising the Government on the action to be taken to address the issues raised in this and a more recent related case.