Defence (Amendment) Bill 2020: Committee Stage
Seanad Éireann — 2021-10-20
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Alice-Mary Higgins (IND), National University of Ireland

For clarification, perhaps it was not clear for Senator Ward. I am happy to try to tighten the language if that helps him. Under this amendment, the Minister would be able to delegate operational control but simply not for a period longer than eight months without coming back to the Oireachtas. It was, therefore, specifically trying to address that issue of the emergency action of June or July. Under that action, for example, a Minister may have delegated operational control to a force commander for a six-month period but then might have come back to the Oireachtas. That is why I have given the eight-month period. It is not as the lead-in but, in fact, the time the Minister has before he or she would have to come to the Oireachtas.
In terms of the delegation of powers to the Minister, that is what the legislation is doing. Therefore, that is us, the Legislature. In deciding when we delegate powers to Ministers, it is appropriate that we also put in place what we regard as appropriate safeguards and checks and balances. I am suggesting here that the Minister would discuss and seek approval. Again, the Government, if it has the majority, will probably pass that motion but it would allow that decision to be made clear, not simply within the internal Department of Defence mechanisms, which I accept are in place, but in terms of the legislative mechanism. The power is not, therefore, delegated simply by becoming Minister. The delegation of powers comes through legislation. In fact, we give a large amount of delegation but we also put in place safeguards. I believe that is an appropriate balance. I honestly believe amendment No. 2 is incredibly reasonable.

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Record URI: https://data.oireachtas.ie/akn/ie/debateRecord/seanad/2021-10-20/debate/main
Retrieved: 2026-08-14T04:49:43+00:00
Sitting date: 2021-10-20