Thomas Byrne (Meath East, Fianna Fail) | Oireachtas source

When we talk about Dáil reform, we must return to basics. We must return to our function, roots and legal basis. What is our mandate? That comes from the Constitution. The problem with Dáil reform and how the Dáil has operated over the decades is the relationship between the Dáil and the Executive. Article 28.4.1 of Bunreacht na hÉireann is absolutely clear in this regard - the Government shall be responsible to Dáil Éireann. Deputies are in the driving seat. The Government is our creature. We elect a Government - I assume we will elect a Government at some point - so it is our creature and it is sent to do the executive work of the State, but we are in the driving seat and it is responsible to us.

The reality over many decades is that the Government has controlled the Dáil and its business in the same way as in the Westminster system. That is the reason the Dáil has not been seen as an effective Parliament in holding a Government to account, getting answers to questions and dealing with issues in the country. The numbers in this Dáil do not add up for the old system. The reason I was particularly annoyed when the Taoiseach stood up and spoke, in what I considered to be a contravention of the order on which we voted, was that this was a direct contradiction of what we are seeking to do in Dáil reform. We are the Deputies of the House and are meant to be in the driving seat, as the Constitution provides, by holding the Government to account and telling it what to do by legislating, yet here the Taoiseach was standing to speak as the Executive, essentially telling us what was his vision of Dáil reform. That was the wrong way around for the debate tonight, and not the way the debate was structured. We must always remember that the Government is responsible to the Dáil. If we remember that and that we are in the driving seat - we make the decisions in this Chamber, not Secretaries General or the Civil Service - we cannot go too far wrong. This is not understood particularly well at official level and we must make it understood.

We have a responsibility to change the way we have done business for decades, while reflecting the constitutional position. Deputy Ryan said we cannot undo the traditions since the foundation of the State and the relationships that exist. I agree. There is an interdependence in some ways between the Executive and the Parliament. However, we have never fully fulfilled our role in holding the Government to account.

Two items Fianna Fáil has put forward in its document are key to this. One is establishing a proper office of legal counsel to the Oireachtas. The difficulty we have faced over the years I have been a Member of the Dáil or the Seanad is that every time one has a good idea, particularly if one is in the Opposition, one is immediately told by the Government that the Attorney General has advised that it may well be unconstitutional. It happened many times in the Seanad when I and my colleague, Deputy Darragh O'Brien, drafted Bills. It also happened when Fianna Fáil was in power. The only way to counteract that is to have an office of legal counsel to the Oireachtas. Incidentally, that person should be on a par with the Attorney General and should be able to sit with the Attorney General as an equal, if that were necessary. The person should be able to give advice to us that is not subsidiary to the advice of the Attorney General but is considered equal. Our own senior counsel or highly respected lawyer should be advising the Oireachtas on what is and is not constitutional. The Attorney General is the legal adviser to the Government. Legal advice by its nature is confidential, which is why Governments traditionally have claimed confidentiality. That is understandable, but the way around it is to have our own legal advice which is on a par with that. That office must be paid for, and there is a cost attached to this, and established relatively quickly, certainly in the medium term.

In addition, we need an Oireachtas office of policy and economic analysis. There are excellent researchers in the Oireachtas and they are extremely useful in providing information to us as well as analyses of various policies. By and large, however, the vast majority of the information we receive comes from Departments. In addition, there is the issue of charges on the Exchequer and amendments that cannot be accepted because they may cause a charge on the Exchequer. That is a significant issue for the Opposition, in particular, but I hope Government Deputies will put forward amendments to legislation as well. However, it is a major difficulty. In my view, although nobody has ever said this to me, the Ceann Comhairle or the Cathaoirleach of the Seanad decides whether something is a charge on the Exchequer based on advice from the Departments. That is the wrong way around.

As I said, the Government is responsible to us. We are here on behalf of the people to hold it responsible and accountable. We are in the driving seat. It is up to us to make the rules, not the Cabinet. I am glad no Cabinet Minister is present, with no disrespect to them, because all 158 Members of this House are in the driving seat. We are equals and we must put this forward. In fact, with the current configuration there is no other way around it. However, it must last for the decades to come.

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