Ministerial Orders.

Dáil Éireann Debate, Wednesday - 29 June 2005

Wednesday, 29 June 2005

Ceisteanna (435)

Denis Naughten

Ceist:

437 Mr. Naughten asked the Minister for Education and Science the steps she has taken to ensure her 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 ultra vires; if this decision has been upheld by her Department; and if she will make a statement on the matter. [23138/05]

Freagraí scríofa

Minister for Education and Science (Ms Hanafin)

All primary and secondary legislation brought forward by my Department is prepared initially by an internal legal services section. It is then sent to the office of the Parliamentary Counsel to the Government for drafting. In this way it is examined by both in-house and external lawyers who take account of relevant case law and the scope of ministerial powers as set down by statute.