Brian Lenihan Jnr (Dublin West, Fianna Fail)

The view the Minister took was that the Oireachtas must determine in the legislation what are the respective functions. Perhaps I overstated the position somewhat in explaining her position. It is only in the case of a dispute that the Minister has power. The delineation of the functions is set out in the Bill and would require legislative change. It may be that a particular dispute could lead to an issue about what are the appropriate functions, which I accept. However, the House would have to address it with amending legislation because the principles of this matter must be set out in the primary legislation. All we are conferring on the Minister is the power to deal with a particular dispute.

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