Richard Bruton (Dublin North Central, Fine Gael)
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Having considered the proposed amendment, I have concluded that it has the dual impact of removing the requirement that any direction made by the Minister under section 18 be given in writing and changing the nature of that direction from the current requirement to comply with the direction to one of requesting the commission to comply. Removal of the written element is the more problematic of the two elements contained in the proposal. As proposed, it would weaken the provision by allowing for verbal or oral directions which may be open to interpretation and legal uncertainty both for me as Minister and for the commission. Having the direction in writing allows for certainty for both parties. It would also mean that the transparency safeguard provided for under section 18(2), namely "The Minister shall lay a copy of the direction ... before each House of the Oireachtas" would be inoperable. This would not be a desirable situation for all parties. I do not see merit in what has been proposed in the amendment for all of those reasons.