I want to make one final, brief point on section 5. I had an opportunity last night of looking at the constitutional aspect of what the Minister is proposing in this section. While undoubtedly the Constitution makes provision for delegated legislation, on reading the appropriate constitutional provisions it seems to me that it does not envisage giving to any person or authority power to amend, detract or in any way take from the legislative role given to the Oireachtas. It seems to me that what the Minister proposes is a category of delegated legislation of a type not envisaged under the terms of the Constitution. I have very serious doubts about the provision to enable the Minister to amend or modify an Act of the Oireachtas. I think it would be unconstitutional.
At some stage, the Minister should look at this again and consider that point. The Constitution is quite clear in laying down the legislative function and vesting it in the Oireachtas, and in the Oireachtas alone. It provides that the Oireachtas may delegate powers to do certain things under it. Giving powers to do things under the umbrella of the Oireachtas is one thing but giving power to put a subordinate authority on a par with the Oireachtas in constitutional terms is not envisaged under the Constitution. For that reason alone this provision would have to be opposed.