Tuesday, 3 February 2004

Questions (175)

John Bruton

Question:

303 Mr. J. Bruton asked the Minister for Education and Science 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 legislation to remove the constitutional infirmity of any existing orders in view of this judgment; and if not, the reason therefor. [2734/04]

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Written answers (Question to Minister for Education and Science)

While I have no reason to believe that any statutory instrument made by me pursuant to primary legislation is in any way invalid I have not had an opportunity to consider the judgment of the court in this matter or consult with the Attorney General. Until I do so I cannot make a decision as to the action which should be taken in response to it. Accordingly I am not yet in a position to determine whether it will be necessary to introduce legislation for the purposes referred to in the Deputy's question.