Brendan Howlin (Wexford, Labour)

I can allay the Senator's fears: there is no such intention and will be no such impact. As I explained this morning, this is a belt and braces set of sections. This is clearly a complicated structure to disaggregate functionalities. We have trawled comprehensively through every enactment; almost 200 statutes were reviewed dating back to Victorian times. We have set out clearly the functions which are being transferred to me and my Department. There is no ambiguity or doubt about this. From the day this enactment is commenced, those functions will be legally mine to carry out, nobody else's. The functions that will not be transferred will remain legally those of the Minister for Finance and there will be no doubt about them.

In the event that a function had not been noticed, there is a legal safety net to ensure its legality cannot be undone if I acted in a bona fide manner and vice versa. This might happen, for example, if I make an order regarding a function that in all probability should be mine, but it is interpreted by a court to be properly the responsibility of the Minister for Finance. The role of the Taoiseach simply relates to where there is a lack of clarity as to which Minister should rightly exercise a function. This is done to have a clear determinant structure and eliminate vagueness - it would not be my opinion against that of the Minister for Finance. I am virtually certain that will never arise. Its citation was, as the Senator rightly stated, in the 1939 Act, where it was left to the Taoiseach to determine functionality if there was vagueness about it. This is a clear-cut set of safeguards that it is right, proper and prudent to make. As regards the role of the Taoiseach, they will almost certainly never be utilised.

I presume that after three months of careful trawling, we have touched on everything, but if something emerges, it will be assigned by way of a transfer of function order to the appropriate Minister. This is to deal with the possibility that one of the two Ministers affected directly will act in a bone fide manner and exercise a function determined not to be his. One could imagine there could be very severe financial consequences for the State if there was any doubt about the matter. As the role of the two Ministries and the two Ministers is or could potentially be of such importance to the State, there is a requirement to put these matters beyond doubt. That is the import of the three sections.