Tuesday, 3 February 2004

Questions (156)

John Bruton

Question:

285 Mr. J. Bruton asked the Minister for Foreign Affairs 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. [2733/04]

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Written answers (Question to Minister for Foreign)

This matter is being dealt with by the Attorney General and his office, who are currently examining the legal issues arising from the judgment of the High Court concerning the unconstitutionality of the Aliens Order and section 2 of the Immigration Act, 1999, which section sought to give the Aliens Order statutory effect as if it was an Act of the Oireachtas. The appropriate procedures to be adopted in relation to all orders will depend upon the advice of the Attorney General.