Oireachtas Joint and Select Committees

Wednesday, 25 June 2025

Joint Oireachtas Committee on Finance, Public Expenditure, Public Service Reform and Digitalisation, and Taoiseach

Engagement with Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation

2:00 am

Photo of Mairéad FarrellMairéad Farrell (Galway West, Sinn Fein) | Oireachtas source

I have one more question in relation to this. As things currently stand, if a protected disclosure is made to the Minister by a civil or public servant, the Minister can pass that complaint on to the Secretary General. However, the complaint could relate to the Secretary General addressing an issue but due to the Carltona principle, the Secretary General could respond to the complainant in the name of the Minister. Under the aforementioned principle, the Secretary General can take action in the name of the Minister. Is this something that the Minister has been aware of? This is an issue because complainants may not be aware that they are dealing with the person about whom they have complained because the response will be in the Minister's name under the Carltona principle. Is the Minister aware of this issue and does he believe it could be a fundamental weakness at the heart of the regime?

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