Richard Bruton (Dublin North Central, Fine Gael)

On the last occasion there was confusion about consultation with the Oireachtas Commission. As I recall, Deputy Howlin, a member of the commission, could not recall any consultation. The Minister of State was adamant it had taken place and there was a sense that this point was so important that it should be clarified. Will the Minister of State set out the exact position on consultation with the Oireachtas Commission on these proposals?

While we all acknowledge that a Minister is the appropriate authority to dismiss certain senior public servants, the same relationship does not apply between the Taoiseach and the Clerk of the Dáil. The Taoiseach is the head of the Executive and the Clerk of the Dáil is a servant of the Oireachtas. If someone outside of the Oireachtas Commission must act as dismissing agent, it would be appropriate for it to be the Government rather than the Taoiseach. The phraseology used states the Taoiseach "may decide to dismiss having had consultations". It leaves it open to the Taoiseach to dismiss a Clerk of the Dáil, even if his consultations with the Oireachtas Commission or the Ceann Comhairle do not support that action. The Taoiseach's freedom to dismiss the Clerk of the Dáil should be curtailed to a greater extent than is the case in the provisions set out.

It is convenient to choose the Taoiseach because in the earlier legislation, he is the appointing authority. Perhaps the earlier legislation ought not to have the Taoiseach as the appointing authority, it should have been the Oireachtas Commission or the Government. Arguing that consistency with earlier legislation is sufficient justification to allow a Taoiseach the power to dismiss the Clerk of the Dáil does not convince me. The Minister of State should elaborate why this selection has been made, if consultation has taken place or if the confusion, where a member of the commission did not know of any consultation, has been resolved.

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