Marc MacSharry (Sligo-Leitrim, Fianna Fail)
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My point is that there is obviously a level of plenipotentiary status and authority in the ETB sector that allows people, willy-nilly, to adopt a policy on an individual basis. The issue here is that I hope we do not live in an authoritarian state where if I decide that somebody is troublesome, a thorn in my side and not capable of job A, I have a right to exclude the person from applying for job B at some stage in the future. As a practice for a democratic state it is fundamentally wrong. If we do not invite Mr. Owens does it fall under the remit of Mr. Ó Foghlú, the Secretary General, or the Minister?

We need to take a position on this and to see if there are other matters in terms of Department circulars which are left open-ended and can allow for the discretional adoption of individual policies or issues that might be included in exit clauses for people. It is a little too loose. In fact, when these end up in the courts, because they state there is an element of discretion following circular X or circular Y the courts are left with no option but to say the process has been followed in accordance with the criteria laid down. However, there is a level of discretion permitted within that, with no guidelines or definitions of what that discretion will include in terms of process and procedure. There is an issue here, and it might not just be this instance. I seek the committee's view on who we should address on this.

This happened and regardless of whether it is a repetitive policy or a one-off, it should be prohibited. That is a personal view; we will see what other members think.