Wednesday, 27 June 2007

Ceisteanna (212, 213)

Fergus O'Dowd

Ceist:

262 Deputy Fergus O’Dowd asked the Minister for Enterprise, Trade and Employment if he will cite any and all examples whereby decisions made have been overturned or amended under section 22 of the Interpretation Act 2005; and if he will make a statement on the matter. [17857/07]

Amharc ar fhreagra

Freagraí scríofa (Ceist ar Minister for Enterprise, Trade and Employment)

I am advised that section 22 of the Interpretation Act 2005 is of general application and statutory instruments, or related decisions, are not made under that provision. Section 22 provides for a general rule that a statutory instrument made under other enactments can be revoked or amended even if those enactments do not contain an express power to do so. In this context, the definition of a statutory instrument is very broad and in the time available it has not been possible to determine positively whether or not section 22 has been relied upon in respect of statutory instruments within my Department's sphere of responsibility. Once my officials have established the position, I will revert to the Deputy.

Fergus O'Dowd

Ceist:

263 Deputy Fergus O’Dowd asked the Minister for Arts, Sport and Tourism if he will cite any and all examples whereby decisions made have been overturned or amended under section 22 of the Interpretation Act 2005; and if he will make a statement on the matter. [17852/07]

Amharc ar fhreagra

There have been no decisions overturned or amended under section 22 of the Interpretation Act 2005 in my Department since the commencement of the Act.