Bernard Durkan (Kildare North, Fine Gael)

I agree with Deputy Howlin and regard it as ironic that this straightjacket should be imposed under the guise of allowing the Oireachtas have discretion. The Oireachtas does not have discretion. Government has discretion and introduces all the rules that affect the Oireachtas, including those for the running of this House. The Oireachtas merely rubber stamps these matters because there is no system by which Members on the Government benches may vote freely to determine the absolute independence of the Oireachtas.

I fully support Deputy Howlin's points. It may be necessary in front of a committee or whatever for a chief executive or some other accounting officer to criticise or dispute the views held by Government or by a Minister. We saw an example of that in the past week when there was a clear conflict of evidence between a Minister and a senior officer. In this instance, action is being taken to ensure that a person making any such statement is quickly put offside.

That is a dangerous precedent and an example of retrograde thinking. The Minister of State should consider its implications carefully. It creates a double-lock for those instances when a Minister answers an issue we have raised by saying he has no responsibility to the House, that it is the function of the chief executive of the Health and Safety Authority. The section increases the Minister's power. He or she does not have to answer to the House on issues that fall within the ambit of the Health and Safety Authority and can muzzle the authority in regard to any criticism or perceived criticism that may issue from it.

I urge the Minister of State to take account of the points raised in Deputy Howlin's amendment and reconsider the section.

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