Fergus O'Dowd (Louth, Fine Gael) | Oireachtas source

Deputies have posed many good questions. As I have addressed this issue earlier, I do not propose to respond to all of the different issues raised. Taking the last point first, whatever powers exist in the legislation establishing the designated body, which powers differ in respect of each agency, are the only powers that currently exist. The Minister cannot do anything which supersedes or negates that legislation, unless new legislation is introduced. For example, if the Minister decided to sell body A and has the power under existing legislation to do so - I must stress this power does not exist in all cases - then he or she would ask the Department officials to set the project in motion. Effectively, this provision enables NewERA to be asked to do that job and to provide its specialist services, knowledge and expertise in relation to the particular area. I could not conceive of any case when such decision would not be debated in the Dáil.

In terms of the sale of the property of Bord Gáis legislation was brought before the Dáil. In other cases, legislation was not required, for example, the sale of a power station at the ESB. In each case every Member of the Opposition and Government has the opportunity and right to question the line Minister in this House by way of priority question, oral and written questions, questions to the Taoiseach on the Order of Business and the Minister before the appropriate committee. There has to be total accountability in such matters. I cannot imagine any significant sale, if allowed - as I said earlier, all sales are not permitted - not being debated by the Oireachtas in some capacity or other.

While I accept that Deputies' fears are real nothing new is being provided for. All that is being provided is that the Minister following a decision made under existing legislation can, rather than requesting his or her Department to do something, request NewERA to do it. There is nothing sinister or unusual in what is being provided for. The result will be greater availability of specialist knowledge. Also, this gives due recognition to NewERA being able to provide advice.

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