Brian Lenihan Jnr (Dublin West, Fianna Fail)

I understand that the reference to retrospective effect is a standard provision in enabling provisions of this type. On the issue of the point of substance raised, it has always been the position that the Minister draws up the regulations relating to expenses on the advice of the commission. That is the statutory template. There is, therefore, no question of interference with the autonomy or independence of the commission. When the original legislation was enacted setting up the commission, that was the balance of power between the Minister and the commission. There have been many occasions when I would have preferred if the entire function were vested in the commission but this is how matters stand. There are two main areas where the Minister has residual authority as against the commission. One is the whole question of establishments and staffing and the Minister sanctions staff complements and increases. The other is the area of expenses. The commission advises the Minister and I will have to have regard to what it says. I have had a very useful discussion already with the Ceann Comhairle and several members of the commission about these matters. We need to ensure that, in addition to the reduction taking place, expenses are verified, which is for the protection of all of us, and that they are objective in their basis.

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