Written answers
Thursday, 5 April 2007
Department of Enterprise, Trade and Employment
EU Regulations
5:00 pm
Michael Lowry (Tipperary North, Independent)
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Question 329: To ask the Minister for Enterprise, Trade and Employment if, in view of a recent Supreme Court decision (details supplied) an analysis has been carried out as to the impact this decision will have on all EU regulations transposed into Irish law by regulations since joining the EU; and if he will make a statement on the matter. [14027/07]
Micheál Martin (Cork South Central, Fianna Fail)
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The Judgement of the Supreme Court delivered on the 29th March, 2007, in the case of Tector and Quinn, is confined to the issue as to whether the Minister for Agriculture and Food may amend Regulations which have statutory effect by further Regulations made under Section 8 of the Animal Remedies Act, 1993, or whether such amendments may be made by statute only.
Accordingly, the Attorney General's Office has advised that the effect of the Judgment is confined only to Regulations made under Section 8 of the 1993 Act and only to those such Regulations which attempt to amend previous such Regulations. I understand that the Department of Agriculture and Food is considering the full implications of the Judgement in conjunction with the Attorney General's Office.
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