Seanad debates

Wednesday, 29 June 2011

Ministers and Secretaries (Amendment) Bill 2011: Committee Stage (Resumed) and Remaining Stages

 

8:00 am

Photo of Thomas ByrneThomas Byrne (Fianna Fail)

I move amendment No. 20:

In page 20, before section 23, but in Part 3, to insert the following new section:

"23.—(1) If any doubt, question, or dispute arises between any Minister of the Government as to the Minister of the Government in whom any particular function is vested by virtue of this Act, such doubt, question, or dispute shall be determined by the Taoiseach.

(2) Where the Taoiseach makes a determination under this section he shall within 20 days lay a report of same before the Houses of the Oireachtas.".

I have moved the amendment, as we have doubts about the provision. The Minister has said the previous provision has not been exercised and he is assuring us that it does not involve statutory interpretation. He is assuring us also that there will not be problems. We have concerns, but it is not the greatest issue facing the Department. I hope no potential litigant has discovered something and will take the Government to the cleaners. I do not propose to discuss the amendment further.

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