Richard Bruton (Dublin North Central, Fine Gael)

I recognise the safeguarding of independence of advice to other committee chairpersons. However, I do not recognise how moving the power of dismissal from the Ceann Comhairle to the Taoiseach resolves this issue. The Taoiseach's role in the Houses is different from the relationship between Chairs and the Ceann Comhairle. All those officers have a certain duty to impartiality in their appointment and in the way they conduct their role in the Houses. By and large, they observe neutrality and fairness in their approach. However, there is no such obligation on the Taoiseach, who is the leader of the Government, to observe such impartiality. It would be expected of the Taoiseach that he or she would be partial to defend the positions adopted by his or her Government. In that sense, I do not see how this has been resolved.

If the dilemma is that it would be an awful let-down to the committee chairpersons if the Ceann Comhairle was the key officer in deciding dismissals, I do not know how it can be resolved by moving the power to the Taoiseach. In the unlikely event of a dismissal, I have greater faith in the Office of the Ceann Comhairle than in the Taoiseach to consult other committee chairpersons and reach a sensible decision on an impartial and independent basis, taking to heart the interests of the Houses of the Oireachtas. That is no reflection on who the Taoiseach of the day might be. It should be someone on the Houses of the Oireachtas Commission who would be the ultimate dismissing authority.

The whole idea of the commission was to give the Oireachtas independence. The Minister of State claims he does not want to reopen the Oireachtas Commission legislation and question why the Taoiseach was made the appointing agent at that stage. I cannot recall why that decision was made at the time, but I find it hard to believe it was a decision to protect committee chairpersons from a marauding Ceann Comhairle. I do not see that as a likely state of affairs. Holders of the Office of Ceann Comhairle take their independent role seriously. They give up features of party membership and attendance at party meetings. They have the automatic right of re-election, reflecting their special position. We have gone a long way to buttress the independence of the office. I am not persuaded by the Minister of State's concerns in how the Ceann Comhairle uses this duty and that the power must therefore be given to the Taoiseach.

While it is unlikely this will become a major issue, this is the legacy we will give to future Oireachtas Members. It must be done right and based on a good knowledge of why this is the given legal opinion and how it will work in practice. The Minister of State has not convinced me. I would rather see the Ceann Comhairle as the dismissing authority. There would be a better chance this would be conducted equitably by a Ceann Comhairle than resting it with the Taoiseach.

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