Seán Fleming (Laois-Offaly, Fianna Fail) | Oireachtas source

I understand what the Minister is saying, which is that he agrees with me that these people should be included but he will not put it in the legislation. From the perspective of this side of the House, the public would much prefer to see legislation on a topic such as this being spelled out, in so far as is practical, in the primary Act and not being done through statutory instruments next July or later in the year, as people would have to go out of their way to find out whether it was commenced and who was included.

Legislation which includes as much detail as is practical - I use this word because I do not seek to overburden - is better than enabling legislation, the implementation of which is left to statutory instruments. Historically there has not been the same level of debate, if any, on the implementation of statutory instruments.

There is a lack of balance on this topic as the only designated public officials are politicians. By definition, there is a lack of balance. There should be a commensurate balancing of the politicians with senior civil servants who, in the majority of cases, have far more influence on matters than the Minister of the day.

The Minister is right when he states that under paragraph (f) he can include public servants of a prescribed description and under paragraph (g) he can include any other prescribed officeholder or description of person in due course. He states he will prescribe some of these from the commencement of the legislation. The Minister is almost suggesting that by including Secretaries General, assistant secretaries general and the chief executive officers and directors of services of local authorities-----

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