Pearse Doherty (Donegal South West, Sinn Fein) | Oireachtas source

There are three issues which arise in the context of section 19(7). The first relates to timely publication, the second - which arises on foot of the Minister of State's reply - to the content of the direction and the third to the forum in which the direction is published. Let us deal first with timely publication. There is no stipulation in the section in the context of what period of time is appropriate. Some reports from semi-State bodies, etc., that are to be laid before the Houses of the Oireachtas can be delayed substantially. It is appropriate, therefore, that a direction from the Minister - which could have a long-term consequences, a matter we dealt earlier - should be laid before the Houses of the Oireachtas or at least published within a week. If the Minister is of the view that a week is too restrictive, then we could consider extending the period to two, three or four weeks. In my view, however, it should not be left open-ended. The section does not make reference to a timeframe. All it states is that the direction should be published as "soon as is reasonably practicable". A timeframe of some form should be put in place.

On the content of what is to be published, the section states "the Minister for Public Expenditure and Reform shall publish the direction in such manner as he or she considers appropriate". This leads me to expect that directions will be published. I interpret the phrase "in such a manner as he or she considers appropriate" as meaning how he or she wants to publish. I do not believe it relates to the content of the direction. Does the phrase "in the manner" mean that a direction can be edited or partly redacted for publication? If that is the case, I am surprised. Even if that is how the Government wants it in order to protect commercial sensitivities, the final issue relates to the forum in which the direction is published and I am of the opinion that should be the Houses of the Oireachtas because it would allow us to debate any issues which might arise.

Publishing something can also mean burying it on a website. Ministers and Ministers of State have used such tricks in the past. Something can be placed on a website and no one will know it is there. In recent days I asked the Minister for Finance about bankers' remuneration but I kept hitting my head against a brick wall. I asked a specific question in which I requested that the Minister not refer back to the Mercer report and he informed me that the information I was seeking is now available on the websites of AIB and Permanent TSB. That information was placed on those websites because the Minister, in light of the question I had tabled, asked the banks in question to see to it that this was done. Very few people visit websites in order to discover information about the remuneration of bankers. It is possible, therefore, to publish information but also bury it at the same time.

These directions should be laid before the Houses of the Oireachtas within a reasonable timeframe. While a direction should be published, does the section allow for it to be edited or redacted?