Seán Fleming (Laois-Offaly, Fianna Fail) | Oireachtas source

Yes. He might become addicted but I am sure there is a provision in the Bill which will prevent him from buying a lottery ticket. Section 12 states:

(3) In removing the Regulator, the Minister shall give a statement of the reason or reasons for the removal to the Regulator and the statement of reasons shall be laid before each House of the Oireachtas.

I am of the opinion that the approval of the House should be required in this regard. If it came to it, the Government of the day would win the vote but this is a major issue and, therefore, the approval of the House should be required.

Section 15 deals with the prohibition on a former regulator from accepting office, etc., for a period of 12 months. I have a number of issue with this. For a period of 12 months, a former regulator will be prevented from taking up any other paid employment, consultancy or whatever. The Minister and I are both aware that what is proposed here is the equivalent of a golden handcuffs deal. When the regulator leaves the job, he might as well be handcuffed to the kitchen table or his golf bag because he will not be in a position to work. There will be a need, as part of his package, to compensate the person who takes on the job of regulator in respect of the income he will lose in the 12 months following the expiration of his term of office. That cost in this regard will have to be borne by someone and I am concerned about that. After all, the Minister cannot expect a person to have no income for 12 months. That individual will have to be provided with commensurate compensation.

It must be noted, however, that section 15(2)(a) and (b) both list exceptions in respect of the prohibition to which I refer. In that context, the provision contained in section 15(1) will not apply to someone acting as a consultant to a Minister of the Government. I honestly cannot understand why this exception has been included. In addition, a person who has held the office of regulator will not be precluded from "holding office or engagement in any employment in the Civil Service or any statutory regulatory body". The Minister can explain the rationale behind this on Committee Stage but I do not understand why the prohibition, and exceptions to it, have been included.

Section 16 states that the regulator shall not "hold any other office or employment in respect of which emoluments are payable during his or her term of office". Will the Minister clarify the position in this regard? If, for example, the regulator is a member of the governing body of EuroMillions, will there be a conflict between what is contained in the Bill and what is considered standard practice? I am sure the person will be well paid but I object to the principle of establishing a quango to regulate one particular contract.

The Bill refers to the independent regulator but the regulator requires the consent of the Minister at every turn to determine the number of grades and remunerative conditions of staff and the use of open competitions for appointments.

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