Joan Burton (Dublin West, Labour)

I move amendment No. 19:

In page 19, line 26, to delete "with the consent of" and substitute "after consultation with".

It is constitutionally dubious for the head of Government, the Taoiseach, to require by legislation the consent of his own Ministers to take action in pursuit of a specific statutory power. There are detailed discussions on this in the standard reference book, J. M. Kelly, The Irish Constitution. Reference is made to authority for the proposition that it is contrary to the dignity of the Office of the Taoiseach for him or her to require the consent of the Minister for Finance to take steps under legislation, as opposed to consulting with the Minister.

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