Michael McDowell (Dublin South East, Progressive Democrats)

This amendment, in effect, calls for an annual report on cases arising under this legislation. It is expected that, at most, only a small number of cases will arise thereunder. Perhaps no cases will arise in certain years. As a result, the requirement to produce a report would be disproportionate to the need to be addressed or the perceived benefit of such a report.

I said on Committee Stage that, in the event of cases arising, the matter could be dealt with administratively by including such cases in the report presented to the Oireachtas under section 11 of the 1995 Act. As the matter can be dealt with in that way, there is no need for a formal amendment.

Whenever we include in legislation the need for an annual report, it must be diaried into the relevant Department's internal system. Some official must be told that, on a certain day, he must produce the annual report in accordance with the statute in question. He must then set aside a day or two for research, produce the report and present it to the Houses of the Oireachtas. This takes time and money.

While some degree of transparency is desirable, tying down departmental officials to a diary that requires them to report on relatively minor issues, which may not even arise annually, represents an increased imposition on them and is of very doubtful value. If anybody is interested in the information they can elicit it by way of a parliamentary question. However, asking an official to prepare a report when Members will not even bother tabling parliamentary questions thereon is a waste of time.

The Deputy referred to section 11 of the 1995 Act, which provides that the Minister shall, within four months of the end of each year, beginning with the year ending 31 December 1995, make a report to each House of the Oireachtas on the operation in the preceding year of matters within the Act, including information on each application made under the Act. On the Bill before the House, it is perfectly possible, without requiring a separate report, to deal with the matter on the basis of an administrative extra paragraph that can be included if people want it in the event of any transactions taking place. The idea of providing for a separate report under this Act is unnecessary and adds to the complexity of trying to administer the law, the responsibility for which will fall on successive Ministers and generations of public servants.

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