Could the Minister expand on the nature and extent of the regulations he intends to put in place? As with other legislation, the Minister is empowered to make regulations. It is only when some problem arises that people find out what regulations have been brought before the House. It is important, especially in the light of the Government's stated policy of openness, transparency and accountability, that the Minister give us some account of the regulations which he intends to bring in. I know that the regulations will, in due course, be placed before the House but many regulations flit through the House without the general public or many Members of the House being aware of what is in them. Perhaps, not only in this Bill but in other legislation, it might be advisable to append regulations to the legislation when it is going through if that is at all possible.
SECTION 2.
Will regulations be introduced to give the Office of Public Works the power to clear and maintain swallow holes?
I have one very serious reservation about providing for regulations to be made. A motion annulling the regulations can be tabled within 21 days. I have seen where such a motion was tabled but the Government refused time to debate it. Governments tend to become Oppositions in due course and there should be some requirement on the Government to provide time to at least vote on such a motion signed by a number of Members.
Very often regulations are made after the Act is passed. They are prescribed by the Act but time should be given to Members to make submissions on such regulations. Very often regulations are more prescriptive than the Act and in a situation such as that which led to the passing of the Arterial Drainage Act flexibility and discretion is very important. Regulations have been overly prescriptive because they are laid before the Oireachtas without any great debate and the input from the House is relatively minor. That is a major lacuna in the enactment of laws in general. It is not just in relation to this Bill.
This section seeks to empower the Minister for Finance to make regulations under the Act which would prescribe in more detail the procedures to be followed by the Office of Public Works in certain instances. In particular section 12 (5) (a) provides that a vesting order, an instrument used to facilitate the speedy transfer of land which might be required in connection with the execution of works, should be in the prescribed form. This acquisition mechanism avoids the necessity for lengthy time consuming title research and so on. Instances may also occur where through unforeseen circumstances, procedures are not definitively laid down elsewhere, either in this or other enactments which may require definition through regulations made by the Minister. None are apparent at present, as the Bill aims at eliminating doubt.
Subsection (2) is necessary to give both Houses of the Oireachtas the opportunity to consider the terms of any regulations made.
While I accept the general principle of what has been said, this really is a very narrow section. We do not anticipate that it will give rise to a large number of regulations at all. In any event there is the mechanism for bringing them before the House, although I am surprised to hear this mechanism was frustrated. This is not a device to bring in masses of regulations in this instance. We want to try and avoid that if we can, but one or two regulations might be brought in.
That is a general point which this Minister would not be able to deal with.