Alan Shatter (Dublin South, Fine Gael) | Oireachtas source

When that matter arose I expressed some concern about it. The legal advice I got was that under statute it was quite appropriate that I do both jobs. However, I took the view that it was not appropriate based on the spirit of the legislation. Therefore, to cater for when matters come from the Chief of Staff to be signed by the Minister for Defence, an order was made to the effect that instead of the current Minister for Justice and Equality dealing with the matter it would be appropriate to make an order that another Minister be so nominated. We were advised by the Attorney General in this regard. The Minister for Communications, Energy and Natural Resources, Deputy Rabbitte, was so nominated. Rather than me, as Minister for Justice and Equality, considering a decision I made as Minister for Defence, the order ensured that what I regard as the spirit of the legislation would be complied with, even though I got firm advice that in legal terms it was not necessary.

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