Richard Bruton (Dublin North Central, Fine Gael) | Oireachtas source

Deputy Calleary proposed a similar amendment on Committee Stage. Having considered the proposed amendment since then, I am still of the opinion that this amendment appears to have the dual impact of removing the requirement that any direction made by the Minister under section 20 will be given in writing and changing the nature of any such direction from the current requirement to comply with a direction to one of requesting the commission to comply. Removal of the written element is the more problematic of the two elements of the proposal. As proposed, it would weaken the provision by allowing for verbal or oral directions which can or may be open to interpretation and legal uncertainty, both for the Minister and the commission. Having the direction in writing would allow for certainty for both parties and mean the transparency safeguard provided for under section 22, namely, that the Minister must lay a copy of the direction before each House of the Oireachtas, would be inoperable. This would not be a desirable position for any of the parties. In light of this, I am not in a position to accept the proposed amendment.

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