Richard Bruton (Dublin North Central, Fine Gael)

An issue on which clarification is being sought is the degree to which the Taoiseach has discretion. Will he be bound by the views of the Chair of either House or will he have discretion to deviate from their advice? According to the Minister of State, the appointments in question are made by the Taoiseach. I have not seen reference to such a provision in this or existing legislation in this area and presume it is a new measure. Is the provision set out in the Houses of the Oireachtas Commission Act?

The issue centres on whether the Taoiseach's role is that of a rubber stamp for the sake of legal convenience. If that is so, what is the legal convenience which requires the Taoiseach to act as the appropriate authority rather than the Houses of the Oireachtas? If the Taoiseach is more than a rubber stamp, what will limit his discretion to go beyond the actions recommended to him? Why are we deciding to refer to an outside individual and why does the Minister of State believe the authority should be vested in the Taoiseach rather than the Government?

While authority rests with a Minister in respect of general service grades above principal officer, it rests with the Government in respect of the heads of scheduled offices. A different approach is being taken to senior grades in the Houses of the Oireachtas, in respect of whom the Taoiseach alone is the appropriate authority. He will act, however, on the recommendation of the Ceann Comhairle or Cathaoirleach. I am not entirely clear why, if an outside authority is needed, the Taoiseach rather than the Government is required to be involved in the circuit or why the Houses of the Oireachtas should not be responsible for its own affairs.

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