The importance of this section is to give the Minister power by way of order to give additional functions to the bureau. That power is used widely in many other Bills, particularly social welfare Bills. In this regard, questions have been asked in the courts about the legality of giving Ministers power under orders such as this. In the past year or two this was questioned. I have no objection to the power being given to the Minister. In regard to this type of criminal activity this section would be open to challenge in a court of law, considering that other challenges to that type of section related to non criminal offences. The Minister would want to have this type of power but it is open to challenge.
SECTION 6.
Question proposed: "That section 6 stand part of the Bill."
We are satisfied, based on the legal advice from the Attorney General's office, that this is constitutionally and legally sound. I suspect that Deputy McCreevy may be referring to some taxation provisions that were extended by way of regulation.
And social welfare ones recently.
The Deputy has raised a point. We will look at it and report back on Report Stage. It may be necessary to change the provision by which the Oireachtas is informed of these transfers of power so that there will be a positive affirmation of the order rather than a negative one.
That is the point that was made in court.
I want this legislation to be sound in terms of its clarity and not to have an otherwise successful prosecution fail in the courts because of a legal deficiency in the legislation. We have already taken on board a proposal made by Deputy Michael McDowell on Second Stage. I am not against such a provision and we will look at it to see if it requires a further safeguard.
Question put and agreed to.
Sections 7 to 9, inclusive, agreed to.