Dan Boyle (Cork South Central, Green Party)

I am conscious in seeking clarification and debating amendments that we are discussing an office the Minister of State holds outside the Chamber on behalf of the House which will be held ex officio by his successors. Having said that, perhaps the Minister of State can answer the question Deputy Howlin posed on the reasoning behind many of the changes under discussion. In his original contribution, the Minister of State claimed that he sought to protect the constitutional principle of separation of powers, a goal the validity of which every Member accepts. However, if one is talking about direct responsibility falling to a member of the Executive or being exercised on its behalf, questions must be asked as to how that entails a separation of powers. If anything, it represents a reabsorption of powers up the line rather than their wider distribution on behalf of the House.

Curious wording is used in the Bill to describe those positions for which the Taoiseach is the appropriate authority. It is provided that the Taoiseach can act in respect of the Clerk or Clerk Assistant of the Dáil on a recommendation and following consultation. The Minister of State might take the opportunity to clarify to what extent a recommendation shall be made. Will it be done formally or informally? What is meant by "consultation"? Will a consultation be a formal process in its own right? If, following consultation, it is clarified that a person should or should not be removed from a post, will it remain within the remit of the Taoiseach to revisit a decision? When the power reverts to the Taoiseach, will the officeholder be able to exercise it unilaterally to ignore a consultation process and insist that a person should lose his or her position? If that is the case, many will feel such a power should not rest with the Taoiseach.

There will be many in the Civil Service who are unhappy that a Bill which deals with the service in its totality treats some civil servants differently from others. The general principle of separation of powers, however, is what makes the case for the approach. The Minister of State must explain the extent to which powers can and should be exercised by the new Houses of the Oireachtas Commission or officers acting on its behalf. If there is a difficulty, should not the Houses of the Oireachtas Commission legislation be strengthened, as Deputy Howlin has already suggested, to clarify legally the principle that the Houses should take care of their responsibilities?

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