Written answers
Wednesday, 27 June 2007
Department of Finance
Interpretation Act 2005
9:00 pm
Fergus O'Dowd (Louth, Fine Gael)
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Question 194: To ask the Tánaiste and Minister for Finance if he will cite any and all examples whereby decisions made have been overturned or amended under section 22 of the Interpretation Act 2005; and if he will make a statement on the matter. [17859/07]
Brian Cowen (Laois-Offaly, Fianna Fail)
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As the Deputy may be aware, Section 22 of the Interpretation Act 2003 is of general application and statutory instruments, or indeed related decisions, are not made under that provision. The Section provides for a general rule that a statutory instrument made under other enactments can be revoked or amended even though those enactments do not contain an express power to do so. In this context, the definition of a statutory instrument is very broad ranging and in the time available it is not possible to review the range of possible statutory instruments in this category. However, if the Deputy has a particular decision or statutory instrument in mind I will clarify the position for him.
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