Tuesday, 3 February 2004

Questions (115)

John Bruton


244 Mr. J. Bruton asked the Minister for Agriculture and Food if he will undertake a study of all orders made by him that could now be considered to be potentially in breach of Article 25 of the Constitution in view of the judgment of the High Court that the Aliens Order was unconstitutional due to the fact that it constituted an attempt to determine by secondary legislation a matter that ought to have been determined by the Oireachtas itself; if he intends to undertake the introduction of any legislation to remove the constitutional infirmity of any existing Orders in view of this judgment; and if not, the reason therefor. [2731/04]

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Written answers (Question to Minister for Agriculture and Food)

My Department operates a wide range of legislation and I am not aware of any conflict with Article 25 of the Constitution. The legal services division of my Department constantly reviews all legislation within my ambit. In the event that legislation is found to be defective on grounds of constitutionality or otherwise, the division will consult with the Office of the Attorney General and advise on any remedial action required to be introduced.