Brendan Howlin (Wexford, Labour)

I am sorry. It is section 19, amendment No. 22. I beg your pardon. The new section 20(1)(a) of the 1959 Act would read: "In the case of a person who holds the office of Clerk or Clerk Assistant of Dáil Éireann, by the Taoiseach on the recommendation of the Chairman of Dáil Éireann, following consultation by that Chairman with the Houses of the Oireachtas Commission". The question I asked was if that recommendation was binding on the Taoiseach but the Minister of State has said that the Taoiseach may act. That is not in the section, or is it? Section 20(1) states, "May as respects an established civil servant be exercised". The power may be exercised by him on the recommendation of the Ceann Comhairle, which implies there is a discretionary power. Is the Minister of State confirming that after this amendment to the 1959 Act has been agreed, there will reside a discretionary power where in the unlikely event of firing — but we are obviously preparing for every eventuality — one of these most senior officials of the House on the recommendation of the Houses of the Oireachtas and the commission, such a recommendation is handed on to the Taoiseach. The actual decision resides with the Taoiseach alone. That is not good separation of powers. It leaves too much discretion with the Taoiseach. I ask the Minister to think again about that.

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