asked the Minister for Foreign Affairs whether, in view of the opinion expressed recently by the EEC Commission on the Government's proposed regulations for transport lorries and drivers, he will make a statement on the possibility that persons in this country may be liable to penalties for new crimes which have not been specifically designated as such by Act of the Oireachtas; and if he will give an indication of the actions or failures to act by Irish citizens which now constitute offences, liable to penalty, as a result of EEC directives or regulations.
Ceisteanna—Questions. Oral Answers. - Transport Regulations.
36.
Article 2 of the European Communities Act, 1972, provides that "from the 1st day of January, 1973, the treaties governing the European Communities and the existing and future acts adopted by the institutions of those Communities shall be binding on the State and shall be part of the domestic law thereof under the conditions laid down in those treaties". Consequently community regulations, being directly applicable, form part of our domestic legislation and persons in this country may be liable to penalties under such regulations. However, directives are not directly applicable and any penalty proposed by them may be imposed only by Acts of the Oireachtas or by ministerial orders or regulations made thereunder. As the Deputy is aware ministerial orders and regulations are laid before the Houses of the Oireachtas.
I am studying the question of whether it would be practical to have an examination made of the actions or failures to act by persons in this country which may constitute offences liable to penalty under Community regulations.