Jim O'Keeffe (Cork South West, Fine Gael)
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Question 136: To ask the Minister for Justice, Equality and Law Reform if his attention has been drawn to the concerns that have been expressed by the Ombudsman and others regarding the law making status of secondary legislation that is not passed by an affirmative vote of the Houses of the Oireachtas under Article 15.2.1 of Bunreacht na hÉireann; and his views on whether this is an issue that should be referred for examination by the Law Reform Commission. [15858/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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As the Deputy will be aware, it is well established that the Oireachtas may delegate the power to make rules, orders, regulations etc., to the Government, a Minister or other authority in order to carry out the main purpose of the law which the Oireachtas has enacted. Rules etc., made in purported reliance on such a law can be, and have on occasion been successfully, challenged in the courts, and over the years account has been taken of those judgments by the Oireachtas in the framing of primary legislation to ensure that the delegation of power to make secondary legislation is in accordance with constitutional provisions.

I understand that those involved in the drafting of legislation are aware of the constitutional limits which exist in relation to delegated legislation. I also understand that the Attorney General does not have in contemplation a reference of the matter to the Law Reform Commission.