Oireachtas Joint and Select Committees

Tuesday, 18 June 2024

Committee on Scrutiny of Draft EU-related Statutory Instruments

Consideration of Draft EU-related Statutory Instruments

Photo of Eamon RyanEamon Ryan (Dublin Bay South, Green Party)

I agree with the Senator. The problem in my mind is a timing one. When we end up with Ministers signing documents that may not have had due scrutiny at the very end, it is often because we do not have time. That is not a sufficient excuse. We have a difficulty in that the volume of European legislation coming through is beyond compare. Smaller countries find it more difficult. We do not have the scale in the Civil Service. It is also a resource issue within the OPC.

I am sure Senator McDowell, in his former role as Minister, will recognise that one of the greatest difficulties for Ministers is often getting the resources for drafters to be able to do draft legislation in a timely manner. There is often a queue. Therefore, legislation that is on an emergency basis or where there is a risk of infringement may go to the head of the queue but we end up with circumstances where there is no possibility of timely and effective oversight. I do not disagree with what the Senator is saying. It is primarily a resourcing issue and that issue will increase because the volume of European legislation seems to have increased in recent years. We have not transposed most of the 55 pieces of legislation. In the past three years, 23 major directives have been agreed and we will have to transpose them in the next three years. The biggest challenge or constraint is the drafting resources available in the OPC and Departments. That is a problem.

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