Thomas Byrne (Fianna Fail)

Sections 21, 22 and 23 are part of one package. It would be opportune if the Minister could explain in general terms how this provision will work. The Minister may correct me if I am wrong but in my view, under section 22 - I am aware we are dealing with section 21 - statutory powers not listed in the Bill which relate to the functions of the Minister and certain sections of this Bill and functions listed therein are being transferred by reason of this Bill. If there is a row between Ministers or confusion in the mind of a citizen as to which Minister performs a function, a Minister can perform a function if he or she believes he or she has the power. In fact, it will be a defence in a criminal matter to say one had the power. Please God, it will never arise that the Minister might need to claim he believed he was doing the right thing, but if it does, I hope that will be a good defence.

Section 23 also relates in that the Taoiseach has a determination and I know the Minister will quote the previous 1939 statute. While I know it is not the one we are addressing, if that section relates to the Taoiseach deciding which statute applies to which Minister or interpreting a statute, that would be constitutionally questionable. However, if it merely concerns the allocation of functions and responsibilities - who washes the dishes tonight or, more likely, who is going to cut the public sector pay Bill - the Taoiseach should be allowed to do this. There might be a question of statutory interpretation.