Mary Hanafin (Dún Laoghaire, Fianna Fail)

I undertook on Committee Stage to examine the wording of this section. The Parliamentary Counsel indicated that this is a standard provision and that it would be inappropriate to change it. The reason is that the agency is bound by the rules of administrative law and the principles of natural and constitutional justice. It need not be included in the Bill. These rules and principles already require that adequate grounds must exist for the removal or dissolution and that the reasons for the removal or dissolution must be stated. The agency must act reasonably if it is removing a person, a member of the consultative group or if a committee or consultative group is to be dissolved. There must be a good, stated reason. That is already established under the principles of natural and constitutional justice and the rules of administrative law.

The Parliamentary Counsel advised that it is undesirable to amend this provision further. The Members' concerns are already covered. For that reason, I do not propose to accept the amendments. Obviously, when the work of the consultative group is finished, it is important that the agency has the power to dissolve it. Equally, if a member of the consultative group is not doing their work, there should be a power to remove them from the group. However, under the legal principles I have mentioned, good reason would have to be given for that action. I do not believe it is necessary to be more prescriptive.

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