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

Deputy Calleary's proposed amendment essentially changes the thrust of the provisions of the Bill, from the Minister having the power to issue directions or guidelines to the commission concerning the preparation of the work programme with which the Minister must comply to a provision which sees the Minister requesting the commission to consider any guidelines the Minister issues which the commission may consider.

The provision in the Bill is a fairly standard one and has analogous provisions in both the Competition Act 2002 and the Consumer Protection Act 2007. The proposed amendment from Deputy Calleary appears to weaken the powers of the Minister in respect of the preparation of the commission's work programme. Thus, I am not in a position to accept the proposal.

Of course, a Minister cannot override the areas where the commission has independent statutory powers. Ministers cannot issue directions or guidelines. This relates to their work programme, not to their independent powers and the exercise of them.

See this speech in context