Bill to give EU measures validity

Hundreds of EU orders issued by successive governments in the past three decades could be in doubt because of recent Supreme …

Hundreds of EU orders issued by successive governments in the past three decades could be in doubt because of recent Supreme Court judgments, the Dáil was told as a new Bill to give those orders retrospective legality was introduced.

Minister of State for European Affairs Noel Treacy said that two Supreme Court judgments had ruled that orders given by Ministers to give effect to EU law could only be valid if they were provided for in primary legislation.

Mr Treacy said the European Communities Bill which was passed in the Seanad before Christmas was short and technical but important.

The Opposition however decried it as dangerous, reprehensible and claimed it was unconstitutional.

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Deputies believed it was aimed at allowing Bills from Brussels to be passed into national law without any input from TDs or Senators.

Bernard Durkan (FG, Kildare North) said the Bill "enhances the powers of autocrats, technocrats, plutocrats and bureaucrats".

He added that the concept of retrospective legislation was a dangerous one and said that the Bill would allow the Minister to transpose into Irish law, EU law "which carries the penalty of imprisonment for our citizens".

The Bill will retrospectively validate all statutory instruments made since 1973 to transpose EU legislation into Irish law including those with criminal sanction.

Marie O'Halloran

Marie O'Halloran

Marie O'Halloran is Parliamentary Correspondent of The Irish Times