Brendan Howlin (Wexford, Labour) | Oireachtas source

Last week the Taoiseach unveiled his new Cabinet. It included an unprecedented number of Ministers of State with the right to attend at Cabinet. Within 24 hours, it emerged that one of these four Ministers of State could not receive the corresponding allowance without a change in the law. The Labour Party made it clear that we would oppose any such legislation and others likewise, and it is abundantly clear that such legislation could not pass this Dáil.

Over the weekend the situation got worse. It has emerged that the payment of a third such allowance to the Government Chief Whip from last year was also unlawful. The Whip was paid an allowance of €15,829 for her role as Government Whip. No such position exists under law. It is clear from the documents released under freedom of information that the allowance was paid to the Government Whip on the understanding that the Government Whip was actually being paid for her responsibilities as Fine Gael Whip. This might seem like a technical and minor matter, however under the law no allowance can be paid to a party Whip, if that person is a Minister or a Minister of State. This means that one cannot pay such an allowance to the new Government Chief Whip. It also means that an illegal overpayment has been made to Deputy Doherty. This is a mess that was started by the Taoiseach's predecessor, but in seeking to create additional jobs for Fine Gael Deputies in this House, he has made it worse. Several simple questions arise. First, does he accept that an illegal payment was made to the Government Chief Whip over the last year and more? Second, does he intend to recover this overpayment, since this House is well aware of the Taoiseach's diligence in ensuring that people who are overpaid by the State make full recovery? Third, does he accept that only two of those he appointed as super juniors can be paid for that role? Finally, how is it to be determined which two of the four are to be paid such an allowance?

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