Select Committee on Enterprise and Economic Strategy debate -
Thursday, 19 May 1994

SECTION 11.

Amendment No 76 not moved.

Mr. R. Bruton

I move amenmdment No.77:

In page 19, lines 10 to 16, to delete all words from and including "laid" in line 19 down to and ioncluding line 16 and substitute "presented to each House of the Oireachtas for approval.".

This amendment speaks for itself, seeking positive approval in relation to regulations made under this Bill rather than they should just drift into operation unless annulled, which practice has been unsatisfactory. Even this week we have found that enormous sets of planning regulations were just drifting along. Luckily the present Government seems agreeable to have a debate on those regulations next week.

Mrs. O'Rourke

On a point of information, they are new planning regulations under the Planning Acts brought in by the Minister.

Mr. R. Bruton

But they came in under this type of provision, that they would come into effect automatically within 21 days unless annulled. Opposition parties might seek, as we did, to table a motion to annul them. That means that unless one can obtain a Private Members' time slot within the next 21 sitting days, the motion falls. The Dáil Order Paper can get clogged up if there are too many trivial regulations needing positive approval. I should have thought that regulations under this Bill could be very significant and might well need the protection of positive approval by the Oireachtas rather than becoming effective through default. For example, under the provisions of the section we have just been discussing, if the Minister decided to change entirely the regulations in relation to the calculation of APR, I imagine most financial institutions would feel there should be a positive debate thereon and not merely slide into operation by default. That would be the merit of a more positive approval procedure for the regulations.

Mrs. O'Rourke

In the course of primary legislation, there are always continuous regulations. The procedures for laying such regulations before the Houses of the Oireachtas are well established. It could lead to a clogging up of Dáil time if every Bill which contained powers for Ministers to make regulations led to more debate. If Deputies are concerned about the content of any regulation they have the right to request that it be debated, as was the case with the planning regulations. They are made public and laid before the House, in metaphorical terms, in that they may be deposited in the Library or wherever. What Deputy Richard Bruton is requesting, in his amendment, is that such regulations be at the core of public debate. Is not that so?

Mr. R. Bruton

Perhaps the Minister could quickly summarise areas in which a Minister would have the ability to set new regulations. I have not scanned the full Bill but, to some extent, that colours the importance of laying regulations.

Mrs. O'Rourke

It would, yes.

Mr. R. Bruton

In some instances a change could be so significant one would like to see positive approval. For example, I would imagine that if one were attempting to change the APR that would be worthy of positive debate. Perhaps we should re-examine the various provisions and ascertain whether there are one or two instances in which it could be said that certain elements of the regulations, if they involved changes in certain fundamental areas, would require positive debate.

Mrs. O'Rourke

I asked a question about this and the draftsman was adamant that the policy thrust would not withstand further regulations, that they would remain constant, as set out in the legislation, that the regulatory matters would be of smaller detail. They are scattered throughout the Bill. I would have to give the Deputy a list of them since they are not contained in any one section. The manner in which they are already set out, in that they are publicly laid down and are then available if any Deputy wishes to request a public debate on them, allows for that route to be taken, if necessary.

I will come back on Report Stage with a list of the likely type of regulations which would appertain.

Amendment, by leave, withdrawn.

Section 11 agreed to.