Pearse Doherty (Donegal South West, Sinn Fein) | Oireachtas source

My focus on Committee Stage was on section 19(5). Let us deal with that. What are designated bodies? This is where directions can be given concerning designated bodies. The previous section tells us that designated bodies are ESB, Ervia, Bord na Móna plc, Coillte Teoranta, EirGrid, Irish Water or any other State body specified in an order under subsection 3 or a subsidiary of any company. It involves State agencies. This direction under section 19(5) is that the agency shall, if a Minister of the Government who is a relevant Minister in relation to a designated body requests it to do so, provide project management services in relation to, or services consisting of overseeing the winding up, reorganisation or restructuring of the designated body. The Minister can give a winding up direction about ESB, Ervia, Bord na Móna plc, Coillte Teoranta, EirGrid or Irish Water. Under subsection 7, he or she would rightly have to publish this in a manner of his or her choosing. In my view, the direction should be an order, because if it were an order it would be laid before the Houses of the Oireachtas and be subject to the provisions whereby it could be annulled within 21 sitting days, but if it is not going to be an order, the direction carries such a significant weight that the Houses - not at the Minister's choosing, but in Irish statute law - should have the right to vote and debate those issues and annul the direction given by the Minister, not because the Cabinet decides to have a debate on the issue, as will be the practice, but because of the protection in Irish law of the designated bodies or State agencies and the direction that may be given on the reorganisation, restructuring or winding up of those agencies at any future date.

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