I move amendment No. 18:
In page 10, between lines 40 and 41, to insert the following subsection:
"(3) Orders made under section 12, 47, 49, 56, 58, 59 or 69 of this Act shall be exempted from the provisions of section 3 (1) of the Statutory Instruments Act, 1947.".
Under section 3 (1) of the Statutory Instruments Act, 1947, ministerial orders and other statutory instruments must be published in Iris Oifigiúil, printed and sent to various organisations. The Statutory Instruments Act allows the Attorney General to exempt statutory instruments from the provisions of the Act if he is of the opinion that they are merely of local or personal application, of temporary operation, of limited application or for any other reason.
In the past, Attorneys General have exempted motorway orders from the provisions of the Act because public local inquiries have been held in relation to all motorway schemes, resulting in widespread publicity and public knowledge about them. All orders made under the sections referred to in the amendments are made only after extensive public consultation, including public notice, and the consideration of representations and objections, usually through the holding of oral hearings or public local inquiries. These orders relate to the approval of abandonments of regional or national roads, section 12; approval of motorway, busway and protected road schemes, section 47; approval of proposed road development subject to an environmental impact assessment, section 49; approval of toll schemes, section 56; approval of the revocation of a toll scheme, section 58, if amendment No. 152 is accepted; approval of toll bye-laws, section 59, and approval of extinguishment order where they relate to regional or national roads, section 69.
Amendment No. 152 is to ensure that approval of a revocation of a toll scheme is done by ministerial order. Approval of a toll scheme is already by ministerial order.