Dáil Éireann Debate, Tuesday - 6 November 2018
852. Deputy Michael McGrath asked the Minister for Communications, Climate Action and Environment if he has authority to write regulations under section 3 and specifically section 10(2) of the Electronic Commerce Act 2000; if not, the Department which has legal authority under the Act; and if he will make a statement on the matter. [45510/18]
Amharc ar fhreagraAs Minister for Communications, Climate Action and Environment, I have the power to make Regulations under section 3 of the Electronic Commerce Act 2000. This includes Regulations of the type specified by section 10(2). That section allows me to widen the scope of the Act to include laws set out at section 10(1), which were excluded at the time of enactment. In order to make Regulations under section 10(2), I must have formed the opinion that technology has advanced sufficiently and is widely available; that adequate procedures and practices have developed; or that such a change would be in the public interest. I am also required to undertake consultation with such Ministers that, in my view, have interest or responsibility in relation to the laws currently excluded. This is an important consideration as none of the excluded laws set out at section 10(1) of the Act relate to policy areas within my remit, and in that regard it would not be appropriate for me to act unilaterally.
