Willie O'Dea (Limerick City, Fianna Fail)

The minimum wage example is not a precedent and is not a proper argument in this context. We are dealing with something entirely different and we are, therefore, comparing apples and oranges here. I accept that having everybody at the Minister's whim is not what he wants to do. However, my argument is that this is effectively what the Bill does. The Minister states there will be accountability and that people can apply for judicial review and so on. That is true, but for what would people seek a review? Judicial review means that when a body like An Bord Pleanála makes a decision, it cannot be appealed to the courts but a judicial review can be sought. The court then has to decide whether any properly constituted board acting in a fairly reasonable manner could possibly have come to this conclusion. It is not a re-hearing. It simply decides whether the board was acting in a reasonable manner.

In this case, the Labour Court might be right and have done everything by the book, but as the Minister said "No", we cannot overrule the Minister because the legislation simply states that he can say "No" if he considers it appropriate. The Minister rightly stated there are often two different viewpoints. He has his view and I have mine, and nothing I have heard from the Minister causes me to change my view.

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