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Committee on Scrutiny of Draft EU-related Statutory Instruments: Engagement with Minister of State at the Department of Foreign Affairs (17 Jul 2024)

Jennifer Carroll MacNeill: Would the Senator like me to respond?

Committee on Scrutiny of Draft EU-related Statutory Instruments: Engagement with Minister of State at the Department of Foreign Affairs (17 Jul 2024)

Jennifer Carroll MacNeill: Perhaps the Senator would like me to respond. I will respond to each of the points in turn. On the list of infringements, I would be greatly pleased for the committee to have a substantive involvement in the detail of the directives and the transposition process, as well as the broad powers of the committee, which is what we have discussed to date. There is a substantive body of...

Committee on Scrutiny of Draft EU-related Statutory Instruments: Engagement with Minister of State at the Department of Foreign Affairs (17 Jul 2024)

Jennifer Carroll MacNeill: Of course.

Committee on Scrutiny of Draft EU-related Statutory Instruments: Engagement with Minister of State at the Department of Foreign Affairs (17 Jul 2024)

Jennifer Carroll MacNeill: I have not dealt with the Senator's third issue-----

Committee on Scrutiny of Draft EU-related Statutory Instruments: Engagement with Minister of State at the Department of Foreign Affairs (17 Jul 2024)

Jennifer Carroll MacNeill: That is the third issue the Senator raised, which I have not yet addressed. Will the Senator let me continue?

Committee on Scrutiny of Draft EU-related Statutory Instruments: Engagement with Minister of State at the Department of Foreign Affairs (17 Jul 2024)

Jennifer Carroll MacNeill: No, I was not. The Senator asked if he could interrupt me for a second. I will complete my points. The Senator raised three matters and I am on the second. Let us leave the third-party issue for a second - that is the third issue, which I will come to in a moment. The Senator mentioned the exchange. He specifically said that while he understood that the exchange from the OPC - or the...

Committee on Scrutiny of Draft EU-related Statutory Instruments: Engagement with Minister of State at the Department of Foreign Affairs (17 Jul 2024)

Jennifer Carroll MacNeill: I do not agree with the Senator. I want to agree with him because I want to try to do as much as I can to help this committee, but I just do not agree with the Senator on that. The reason I do not agree with him is this: if I read it across to the legislative process where fines are set, for example, that advice may very well have come about because of the read-across for other legislation...

Committee on Scrutiny of Draft EU-related Statutory Instruments: Engagement with Minister of State at the Department of Foreign Affairs (17 Jul 2024)

Jennifer Carroll MacNeill: But I am telling you something important.

Committee on Scrutiny of Draft EU-related Statutory Instruments: Engagement with Minister of State at the Department of Foreign Affairs (17 Jul 2024)

Jennifer Carroll MacNeill: And I am answering it.

Committee on Scrutiny of Draft EU-related Statutory Instruments: Engagement with Minister of State at the Department of Foreign Affairs (17 Jul 2024)

Jennifer Carroll MacNeill: The point I am trying to get to, in order to answer your question, is that I would like to spend more time reflecting on that. One way I can usefully do that is by investigating the process to date, the extent to which there has been outside consultation, the circumstances under which that was understood and whether privilege was indeed attached to that. I can get a better answer and a...

Committee on Scrutiny of Draft EU-related Statutory Instruments: Engagement with Minister of State at the Department of Foreign Affairs (17 Jul 2024)

Jennifer Carroll MacNeill: Sorry, Senator, I have not finished. I want to do this because I have a question in regard to the process. When I said to the Senator I did not agree with him on the first point, it was in the context that I have a question that is yet unresolved in my mind. It may well be that there cannot be a way to proceed other than what I have outlined. However, I want to go through the process of...

Committee on Scrutiny of Draft EU-related Statutory Instruments: Engagement with Minister of State at the Department of Foreign Affairs (17 Jul 2024)

Jennifer Carroll MacNeill: I do not deal in black and white. I do not deal in the theoretical. I deal in trying to establish as much data as I possibly can. For example, I want to know whether all the bodies in question are statutory bodies or external, non-statutory bodies.

Committee on Scrutiny of Draft EU-related Statutory Instruments: Engagement with Minister of State at the Department of Foreign Affairs (17 Jul 2024)

Jennifer Carroll MacNeill: That is exactly what I would like to examine. The Senator can either ask me to give every answer today or he can let me do more work. I would like to do more work on this. I am not accepting anything on principle because I have more work to do.

Committee on Scrutiny of Draft EU-related Statutory Instruments: Engagement with Minister of State at the Department of Foreign Affairs (17 Jul 2024)

Jennifer Carroll MacNeill: I said a version of what the Senator has stated. In my subsequent remarks, I softened it to specifically say I would come back to the committee later because I want to address the matter further.

Committee on Scrutiny of Draft EU-related Statutory Instruments: Engagement with Minister of State at the Department of Foreign Affairs (17 Jul 2024)

Jennifer Carroll MacNeill: I am here as a Minister of State who wants to work to get as much as possible done for this committee. I am asking for the opportunity to do more work, which I think will be of benefit to the committee. The Senator can either work with me or not.

Committee on Scrutiny of Draft EU-related Statutory Instruments: Engagement with Minister of State at the Department of Foreign Affairs (17 Jul 2024)

Jennifer Carroll MacNeill: I disagree.

Committee on Scrutiny of Draft EU-related Statutory Instruments: Engagement with Minister of State at the Department of Foreign Affairs (17 Jul 2024)

Jennifer Carroll MacNeill: I ask the Senator to let me answer. I think I can be helpful. May I do so, a Chathaoirligh?

Committee on Scrutiny of Draft EU-related Statutory Instruments: Engagement with Minister of State at the Department of Foreign Affairs (17 Jul 2024)

Jennifer Carroll MacNeill: Senator Daly knows I want to see this committee working as well as possible. I hear what he is saying. However, the way he is saying it is to suggest that everything is being done in secret, absent any other processes. It is as though these laws are being produced entirely in secret without other processes coexisting with them. Let us not forget-----

Committee on Scrutiny of Draft EU-related Statutory Instruments: Engagement with Minister of State at the Department of Foreign Affairs (17 Jul 2024)

Jennifer Carroll MacNeill: Statutory instruments are the product of a legislative process in which Ireland is fully participating. Irish MEPs are participating in it, as is the Government. Oireachtas sectoral committees have the power to scrutinise such proposals at a much earlier stage. Scrutiny is happening at every level. There are also the existing post hoc annulment powers of the Oireachtas, which remain-----

Committee on Scrutiny of Draft EU-related Statutory Instruments: Engagement with Minister of State at the Department of Foreign Affairs (17 Jul 2024)

Jennifer Carroll MacNeill: I have to state it.

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