Billy Kelleher (Cork North Central, Fianna Fail) | Oireachtas source

At the risk of being repetitive, there are a few points that I must make in the context of section 7.

This gives sweeping powers to the Minister and there is no point in us pretending that is not the case. Section 16D(3) states, "The Minister may at any time remove an appointed director from office as a member of the Directorate if ... (c) the removal of the person as an appointed director appears to the Minister to be necessary for the Directorate to perform its functions in an effective manner,". I have no difficulty with a Minister having powers to remove persons at certain juncture but in the context where the Minister deems it necessary for the Directorate to perform its functions in an effective manner, who decides what is an effective manner? Clearly, this is important.

If there was a situation whereby the Minister had the power to remove the Secretary General of a Department, many Members of the House would have major concerns. It is important that there are lines of demarcation where staff are not beholden to the Minister in the context of their stated employment, which is the case under this Bill where the Minister can remove them. Under the Bill as drafted, persons who are in very senior positions and who are charged with significant responsibilities are beholden to the Minister of the day. Whereas the Vatican may be run by an infallible person, I am not suggesting the Minister is always infallible. He may be fallible from time to time. It is important that staff have the confidence, and are not beholden to a Minister, to be able to say to the Minister they believe what he is doing is wrong for obvious reasons.