Frances Black (Independent) | Oireachtas source

I move amendment No. 20:

In page 11, line 12, after “Government,” to insert “both Houses of the Oireachtas,”.

Like my colleague, Senator Higgins, I have a number of concerns, highlighted by our amendments to this section. We are opposing section 11 because it seems that what is proposed here is a massive overreach in terms of ministerial and Government powers to dictate to the agency how it conducts its business, without an expressed mandate from the Oireachtas. The idea that the Oireachtas would give the Minister the power to issue directions for implementing any policy or objective of the Minister or the Government and that we as legislators would be comfortable or okay with essentially giving a blank cheque, is bizarre. Would this include memos, policy papers and press releases? What is the actual intention behind this sweeping provision?

Amendment No. 55 seeks to amend section 12 by deleting the provision that guidelines issued under section 12 may relate to codes of practice for governance or such other codes that may be issued from time to time, by a Minister. It replaces it with the provision that it would be the Minister who would issue codes of practice for governance or such other codes. Not only is the Minister being give extraordinary powers, but it seems that any Minister of the Government is being given the right to determine the policy of the agency.

Amendment No. 56 seeks to amend section 12 by inserting a requirement that the Minister shall publish guidelines, issued by him or her, under subsection 1 in such a manner as he or she considers appropriate. The fact that a Bill as currently drafted, gives a Minister the option of not publishing guidelines, is unacceptable. When so much power is being concentrated we need a much higher level of transparency and accountability.

I would appreciate if, in his response, the Minister of State would outline scenarios where he sees these powers being necessary. I also ask him to outline any appropriate safeguards that might be given consideration.